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(영문) 울산지방법원 2015.10.30 2015고정1447
출입국관리법위반
Text

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

Defendant

Where Q does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a company engaged in industrial machinery and manufacturing in Ulsan-gunJ, Ulsan-gun, and Defendant Q is a managing director in charge of employment in the above company B.

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

1. From April 1, 2014 to April 6, 2015, Defendant Qu employed one of the foreigners of Thailand, who did not hold the status of stay that allows them to engage in the manufacture of goods, such as shooting, assembly, etc. at the production site of Company B located in K (ND) in Yangyang-si, Chungcheongnam-si, and one of the foreigners of Thailand, including T, U, V,W, X,Y, L, etc., one of the foreigners of Cambodian nationality, three of Chinese nationality AA, AB, AD, etc., and one of the foreigners of Sri Lankan nationality.

2. The Defendant Company B had Q Q, a managing director, employed 12 foreigners who did not have the status of stay to engage in job-seeking activities as above at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to Q Q;

1. A certificate of foreign employment;

1. A written accusation;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant Q: Article 94 Subparag. 9 of the Immigration Control Act, Article 18(3) of the Immigration Control Act, and selection of fines

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

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

1. Defendant Q from custody in the 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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