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(영문) 인천지방법원 2016.09.23 2016고단4755
출입국관리법위반
Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of 5,00,000 won.

Defendant

B and C, respectively.

Reasons

Punishment of the crime

1. No person who has no status of sojourn eligible for employment activities shall arrange or solicit the employment of any foreigner as a business;

The title F, a local recruitment book of Thailand, recruited Thailand women G, H, and I who want to be employed as a marina branch in Korea, and entered the country as a visa exemption eligibility through the Incheon Airport on March 30, 2015, by pretending to provide tourists around March 30, 2015. The Defendant arranged to employ women as a marina branch by sending them to the K K business located in theJ in the Incheon Airport on the same day.

Accordingly, the Defendant, in collusion with F, arranged employment of Thai women G, H, and I who did not have the status of stay eligible for employment.

2. No person who commits a joint crime by Defendants B and C shall employ any person who has no status of sojourn eligible for employment activities;

From March 30, 2015 to December 17, 2015, the Defendants conspired and employed foreigners who did not have the above status of sojourn for job-seeking activities six times from March 30, 2015 to December 17, 2015, by entering the Republic of Korea as a visa from “K” operated jointly by the Defendants located in the J-si, to which they did not have the status of sojourn for job-seeking activities by entering the Republic of Korea as a visa, thereby giving monthly salary of 1.1 million won to G, H, and I, and by hiring them as a marina branch.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police report on G, H, L, M, or N;

1. Protocol of seizure and evidence of seizure;

1. Application of the Acts and subordinate statutes to K major seized articles, and to the output of entry or departure records which are solar countries;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 94 Subparag. 10 and Article 18(4) of the Immigration Control Act, Article 30 of the Criminal Act (the choice of imprisonment);

B. Defendant B and C: Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act, Article 30 of the Criminal Act (Selection of Penalty)

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

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