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(영문) 수원지방법원 여주지원 2019.06.24 2019고단413
출입국관리법위반
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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually cafeteria called “C” in Ischeon-si B.

No person shall employ any foreigner who has not obtained the status of sojourn eligible for employment activities.

Nevertheless, the Defendant, at the above restaurant from April 15, 2019 to February 22 of the same month, employed D (V, E), F (V, G) a foreigner of Thailand who is a national of Thailand who does not have the status of sojourn eligible for employment activities from April 15, 2019, on the condition that 60,000 won per day is paid. He (V, I), a foreigner of Thailand, who is a national of Thailand, who does not have the status of sojourn eligible for employment activities from April 19, 201 to February 22, 2019, employed the same condition as H (L, M) and J (K, who is a foreigner of Thailand, who does not have the status of sojourn eligible for employment activities from April 20, 201 to April 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Accusation of an immigration offender;

1. Application of Acts and subordinate statutes governing foreign employment certificates;

1. Relevant provisions of the Immigration Control Act and Articles 94, 9, and 18 (3) of the Immigration Control Act (elective of fines) concerning facts constituting an offense;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has already been punished once for the same crime.

However, as the Defendant was unable to seek employees while operating a restaurant, the Defendant appears to have committed the instant crime.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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