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(영문) 대구지방법원 2014.10.16 2014고정2109
출입국관리법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is operating a divisional funeral business with the trade name of “C” in Busan Metropolitan City B.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities.

On March 1, 2014, the Defendant: (a) around March 1, 2014, at the same place of business, employed three foreigners who did not have the status of stay eligible to engage in job-seeking activities, such as foreigners D (ma, E), F (ma, G), H (E, I) of Vietnam’s nationality; and (b) paid KRW 80,00 per day to the above business entity.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A written accusation against an immigration offender;

1. Application of statutes governing certificates of employment of foreigners;

1. Article relevant to the facts constituting an offense, and Articles 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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