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(영문) 대전지방법원 홍성지원 2014.04.09 2014고정69
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the manufacturing industry under the trade name of "C" in B at the time of discussion.

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

1. The Defendant from around May 10, 2013 to the same year.

8. By June, 8. D (the age of 44, remaining) of Chinese nationality that did not have the status of stay eligible for job-seeking activities until 1,600,000 won per month was employed as an employee in the above “C”.

2. The Defendant from around June 25, 2013 to the same year.

8.6. By June, China’s nationality E (the age of 59, South) without the status of stay eligible for job-seeking activities was assigned to KRW 1700,000 per month and was employed as an employee in the above “C”.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of an immigration offender;

1. Each written statement prepared D and E;

1. A notice of decision on examining an immigration offender in D or E;

1. Each of the entry or departure records of D or E:

1. A certificate of employment of foreigners;

1. Application of statutes on business registration certificates;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense.

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes by Crimes against Violation of the Immigration Control Act, concerning D with heavy penalty);

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

1. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means for domestic entry and employment, thereby hindering the State’s legitimate immigration control and performance of foreigner management affairs. If such a type of crime increases, not only a person with the status of stay but also a person with the domestic and foreign status of stay may take away employment opportunities for nationals and foreigners, but also cause various social issues by massing illegal aliens in Korea.

However, the fact that the defendant has no record of being punished for a crime of the same kind, and the employment period has not been relatively long shall be considered as favorable to the defendant.

In addition, the defendant is two.

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