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(영문) 의정부지방법원 2020.04.23 2020고정101
출입국관리법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation that engages in the implied manufacturing business in Scheon City C.

1. If a defendant A intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person having no status of sojourn;

Nevertheless, the Defendant, from September 15, 2019 to October 14, 2019, entered the said workplace as C-3 (short-term visit) and entered into the said workplace and entered into a contract to pay monthly salary of KRW 1.5 million for the D (credit and E) of the Republic of Korea after the expiration of the stay period on January 28, 2015, as well as nine (9) foreigners, including this, around that time, who did not have the status of stay to work as shown in the list of crimes in the attached Table from October 14, 2019.

2. The Defendant B, a representative of the Defendant, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ respective statements in the first trial records;

1. A certificate of foreign employment;

1. Nine cases in a statement of foreigner employment;

1. Application of nine Acts and subordinate statutes to a notice of decision on examining an immigration offender;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act; Article 94 subparagraph 2 of the same Act; Article 99-3 subparagraph 2 of the same Act; Article 94 subparagraph 9 of the same Act; Article 18 (3) of the same Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendants employed a foreigner who does not have the status of sojourn eligible to engage in job-seeking activities for up to nine persons, and the crime’s liability may be mitigated in light of the circumstances and contents of the crime.

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