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(영문) 의정부지방법원 2013.07.11 2013고정1151
출입국관리법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Criminal facts

1. Defendant A is the representative of Defendant B Co., Ltd. (hereinafter “Defendant Company”) located in Gyeonggi-gun D.

No person shall employ a person who does not have the status of sojourn eligible for employment activities, but the defendant A shall have the same year from February 6, 2012.

6. 8. Until August, the Defendant Company employed E, a foreigner of Chinese nationality, who does not have the status of stay in the Defendant Company.

2. The Defendant Company employed Defendant A, a representative of the Defendant Company, a foreigner who does not have the status of sojourn eligible for employment as described in the preceding paragraph with respect to the duties of the Defendant Company.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. E statements, applications (reports) and copies of bankbooks;

1. Number of working days and details of wages;

1. Business registration certificate;

1. Application of Acts and subordinate statutes on recorded foreigners' records;

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, Article 18(3) of the Immigration Control Act, the selection of fines

(b) Defendant Company: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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