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(영문) 수원지방법원 2020.01.31 2019고단6945
출입국관리법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Company B.

No person shall employ any person who has no status of sojourn eligible for employment activities.

Nevertheless, from November 1, 2018 to August 12, 2019, the Defendant employed L of Bangladesh that does not have the status of sojourn that can engage in job-seeking activities on the condition that he pays KRW 2 million per month from B Co., Ltd. located in Songpa-gu Seoul, Songpa-gu, Seoul. The Defendant sent F in Gwangju City and G Co., Ltd. factories to the G Co., Ltd. in Gwangju City for the contracted work and employed 18 foreigners who did not have the status of sojourn that can engage in job-seeking activities as shown in the attached list of crimes.

2. 18 foreigners who were the representatives of the Defendant B Co., Ltd. employed 18 foreigners who did not have the status of sojourn eligible for employment, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies of each statement of the accused foreigner;

1. Employment confirmation certificate, business registration certificate, copy of contract, investigation report (report on confirmation of the status of stay of foreigners for the defendant related to this case) and investigation report (report on receipt of registered foreigners card for the defendant); and

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment);

(b) Defendant B stock company: Each of the items of Article 99-3, Article 94 subparagraph 9, and Article 18 (3) of the Immigration Control Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is based on 18 foreigners who are the representative of the corporation and did not have the status of sojourn eligible for employment.

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