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(영문) 울산지방법원 2019.10.23 2019고단2684
출입국관리법위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a person who is a substantial operator of "D" in Ulsan-gun, Ulsan-gun, and is engaged in the motor vehicle parts manufacturing business.

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall arrange or solicit the employment of a person not eligible for employment activities as a business.

Nevertheless, Defendant A received money from a company in the name of “D” and deducted employment brokerage fees for foreign workers, and paid wages to foreign workers. Defendant B was willing to arrange the employment of foreigners who do not have the status of sojourn eligible for employment by means of recruitment of foreign human resources, and management of departure and retirement of foreign workers.

Accordingly, Defendant B recruited an employee who wishes to work on October 2, 2017 and introduced Defendant A. On October 2, 2017, Defendant A mediated the employment of an employee H who is a solar state that did not have the status of sojourn eligible to work by entering into a false contract with “F” representative G located in Busan-gun, Busan-gun around October 2, 2017, as well as arranging the employment of an employee H to “F”. From around that time to October 25, 2018, Defendant B arranged the employment of 15 who is a solar state that did not have the status of sojourn eligible to work, such as the written list of crimes, from that time to October 25, 2018.

As a result, the Defendants conspired to arrange the employment of foreigners who do not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made in relation to I, J, K, L, H, M, N, P, Q, R, T, U, and V;

1. The application of statutes to G of the protocol of interrogation of the police officer (No. 11)

1. The Defendants are entitled to applicable provisions on criminal facts and the choice of punishment: each of the Defendants is subject to the Immigration Control Act Article 94.

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