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(영문) 수원지방법원 2019.05.30 2019고단742
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has practically been operating a motor vehicle contact assembly company called the “C” in the Slsung City B.

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, from January 2, 2019 to July of the same month, the Defendant employed 25 foreigners of Thailand nationality who had no status of stay eligible for employment as shown in the separate sheet, including by paying D (here, a mother) who is an illegal aliens in excess of the period of stay to pay KRW 1,50,000 per month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each attitude;

1. The application of a written accusation, written opinion of a public official, written notice of examination and decision, and written confirmation on foreign employment;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the nature of the crime is insignificant in that the defendant employs many foreigners who have no status of sojourn that the defendant would engage in job-seeking activities on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account the following factors: (a) the confession and reflect are made by the defendant; (b) the period of employment is five days; (c) the period of employment is more than five days; (d) the defendant's age, character and conduct, environment, motive and circumstance of the crime in this case, circumstances after the crime, etc., and other various sentencing conditions specified in the records and arguments.

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