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(영문) 전주지방법원 정읍지원 2017.06.22 2017고단101
출입국관리법위반
Text

Defendant

A The defendant B shall be punished by a fine of KRW 3,00,000,00, respectively, for four months of imprisonment.

except that this judgment.

Reasons

Punishment of the crime

1. No person who has no status of sojourn eligible for employment activities in the Republic of Korea shall employ any foreigner;

Nevertheless, between February 16, 2016 and February 27, 2016, the Defendant employed eight foreigners as indicated in the attached Table, including D, who did not have the status of stay to engage in job-seeking activities, at the place of business of the farming association corporation in the former North Chang-gun C, North Chang-gun.

2. Defendant B is a juristic person established for the purpose of cultivating, processing, selling, etc. meat meat.

The defendant, who is the representative director, employed eight foreigners who did not have the above status of sojourn to engage in job-seeking activities as to the defendant's business at the same date, time, and place as paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A written employment statement;

1. A copy of a written decision on examining the immigration offender of foreigners employed by the defendant;

1. Application of Acts and subordinate statutes confirming employment of foreigners;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 94 subparag. 9 of the Immigration Control Act and Article 18 subparag. 3 (Selection of Imprisonment)

B. Article 9-3 subparag. 2, Article 94 subparag. 9, and Article 18 subparag. 3 of the Immigration Control Act of Defendant B

1. Suspension of execution (Defendant A) Article 62(1) of the Criminal Act (Article 62(1)3 of the Criminal Act (Article 62(1)3 of the Act), which takes into consideration favorable circumstances, such as the following: (a) the period of illegal employment of a foreigner has not yet lapsed; (b) the period of illegal employment of a foreigner has been minor;

1. Article 334(1) of the Criminal Procedure Act (Defendant B agricultural partnership)

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