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(영문) 서울남부지방법원 2020.04.22 2019고단6151
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A foreigner who intends to be employed in the Republic of Korea shall obtain the status of sojourn eligible for employment activities under the conditions as prescribed by the Enforcement Decree of the Immigration Control Act, and no person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from June 6, 2019 to June 13, 2019, the Defendant employed 7 foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, including employment of a foreigner who did not have the status of sojourn eligible for employment at the “D” entertainment tavern operated by the Defendant under the ground of Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Yeongdeungpo-gu).

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of an immigration offender;

1. A certificate of foreign employment;

1. Business registration certificate;

1. A notice of decision on examining each immigration offender;

1. Application of Acts and subordinate statutes to each statement;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account the number of illegal workers employed by the defendant, the period of employment, and the type of business, and the circumstances favorable to the closure of the business at present after

The sentencing prescribed in Article 51 of the Criminal Act, such as the above circumstances and the age, character and conduct, environment, criminal records, criminal records, and circumstances after the crime, shall be determined as ordered by the sentence.

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