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(영문) 의정부지방법원 고양지원 2016.02.18 2015고단3482
출입국관리법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A is the representative director of B, and the defendant B is a corporation incorporated for the purpose of the steel reinforced concrete construction business on November 26, 1987.

1. No person who is a defendant shall employ a foreigner who has no qualification to sojourn in employment activities;

From July 1, 2015 to July 15, 2015, the Defendant employed the F of China’s nationality at the construction site of the Corporation E, which is located in Goyang-gu, Goyang-gu, Goyangyang-gu, Seoul, with the intention of KRW 125,00,000 on a daily wage of KRW 125,00.

In addition, the Defendant employed 11 foreigners who were not qualified to engage in job-seeking activities in the above-mentioned manner over 11 times, such as the list of crimes in the attached list of crimes.

2. Defendant B Co., Ltd. committed the same offense as that of paragraph (1) in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation (including a written accusation, a written confirmation, a business registration certificate, a certified copy of the corporate registry, and a written decision of review by the Ministry of Justice, of the Seoul East-gu branch office of the Seoul Regional Labor Agency attached thereto);

1. Each investigation report (including relevant documents, such as work log attached to the relevant person's statement, etc. (including attached documents, such as work log) and telephone investigation);

1. Application of statutes on the current status of crackdown on foreign workers in E field;

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

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The instant case in which a foreign worker who is not eligible to stay in employment activities on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is employed.

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