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(영문) 의정부지방법원 2018.08.16 2018고정725
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the name of "C" on the third floor in Namyang-si, Namyang-si.

In employing foreigners, no person shall employ any person who has no status of sojourn eligible for employment under the Immigration Control Act.

Nevertheless, from September 24, 2017 to October 12, 2017, the Defendant employed six foreigners who did not have the status of stay to engage in job-seeking activities, such as the list of crimes in the attached Form, as employees.

Summary of Evidence

1. Statement by the defendant in court;

1. A accusation, a report on recognition of suspected facts, a notification on detection of a person subject to violation of the Immigration Control Act, a copy of the passport, and a written statement of Thailand

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of fines for criminal facts, and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized all the criminal facts of the instant case, and thereby reflects his mistake; and (b) the employment period is relatively short, etc., the circumstances favorable to the Defendant are recognized.

However, each of the crimes of this case, in which the defendant employed six foreigners who do not have status of stay, is not less than the nature of the crime in light of the contents and methods of the crime, and has the records of having been punished several times due to the crime of this kind, the general amount of punishment in the same and similar cases, the balance of the punishment of this case, and other various circumstances, including the defendant's age, sexual conduct, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the punishment of this case, shall be determined as per the disposition.

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