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(영문) 광주지방법원 2016.02.25 2015고정1942
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

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

Reasons

Punishment of the crime

The Defendant is the representative of C Co., Ltd. established on August 29, 2012 for the purpose of pipeline material manufacturing business.

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

Nevertheless, the Defendant, around March 6, 2015, employed E (one person: F and G students) who illegally stays in Switzerland nationality at the office of C Co., Ltd. operated by the Defendant located in Gwangju Mine-gu, at a rate of 5,800 won per hour, and had the Defendant work in the above company from the same day until April 22, 2015.

As a result, the defendant employed a foreigner who does not have the status of employment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Application of Acts and subordinate statutes, such as a written accusation, written accusation, written notice of review and decision, written notice of employment confirmation of foreigners, business registration certificate, details of occurrence of foreign industrial accident, and a list of registered foreigners’ records (Evidence Nos. 1 through 7);

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning facts constituting an offense;

1. In light of the circumstance and result of the above case’s sentencing under Articles 70(1) and 69(2) of the Criminal Act, the amount of fine specified in the summary order of this case is to be imposed in light of the conduct of the defendant before and after the crime, whether the defendant’s act was committed, whether the damage was recovered, equity with similar cases, etc.

subsection (b) of this section.

It is so decided as per Disposition for the above reasons.

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