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(영문) 인천지방법원 2014.07.25 2014고단3831
출입국관리법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. The defendant A shall not employ any foreigner who does not have the status of sojourn eligible for employment activities;

From September 11, 2013 to February 11, 2014, the Defendant employed the four-party D, who did not have the status of sojourn eligible for job-seeking activities in “B” located in Seo-gu Incheon, Seo-gu, Incheon, with the monthly salary of KRW 1.5 million.

In addition, the Defendant employed 12 foreigners who did not have the status of stay to engage in job-seeking activities by the aforementioned means over 12 times from May 7, 2013 to February 11, 2014, as indicated in the attached list of crimes.

2. Defendant B, as described in the preceding paragraph, employed 12 foreigners who the representative A did not have the status of sojourn that he had the Defendant’s right to work in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to written statements of illegal employment;

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

A. Defendant A: Each of the following items: Article 94 Subparag. 9 of the Immigration Control Act, Article 18(3) of the Immigration Control Act, and the choice of imprisonment:

(b) Defendant B stock company: Each of the items of Article 99-3, Article 94 subparagraph 9, and Article 18 (3) of the Immigration Control Act

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

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act was proved to have been punished by a fine for the same kind of crime, Defendant A has been led to the confession and reflect of the crime in this case, there was no record of the suspended sentence or heavier punishment, Defendant A’s age, character and conduct, environment, motive and circumstance leading to the crime in this case, and circumstances after the crime, etc., the suspended sentence shall be sentenced and the sentence as set forth in the order shall be determined.

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