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(영문) 수원지방법원 안양지원 2019.05.24 2019고정158
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in B.

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

1. During the period from September 25, 2018 to September 27, 2018, the Defendant employed Thailand D who did not have the status of sojourn eligible to engage in job-seeking activities at the “B” termination place of the Defendant’s operation of Defendant C located in the Gu.

2. On September 27, 2018, the Defendant employed Thailand E who did not have the status of stay to engage in job-seeking activities at the place specified in the preceding paragraph.

3. On September 27, 2018, the Defendant employed the F of the Thailand nationality without the status of stay eligible for job-seeking activities at the places indicated in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. Each police suspect interrogation protocol against D, E, or F;

1. Information on each short-term stay foreigner;

1. Application of Acts and subordinate statutes governing an immigration offender;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order [the amount of fine for summary order shall be mitigated in consideration of the fact that no criminal records are found and two of three workers are prosecuted for being immediately discovered on the date of commencement of work];

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