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(영문) 대구지방법원 2016.06.10 2016고정874
출입국관리법위반
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates plastic manufacturers with the trade name of “B”.

No person shall employ any person not qualified to sojourn.

Nevertheless, on December 25, 2015, the Defendant employed D nationality in Bangladesh as an illegal staying person at the factory B operated by the Defendant located in Yongcheon-si, Youngcheon-si, Seoul.

In addition, the Defendant, from that time to February 24, 2016, the list of crimes in attached Form 1: Provided, That the date of entry of No. 1 per annum, “No. 10, Sept. 16, 201,” and the “Sagle 10,” the nationality of No. 10 per annum, appears to be each clerical error in attached Form 15, May 11, 2015.”

As such, 16 foreigners who did not have the status of sojourn eligible for employment in Korea were employed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A written accusation against an immigration offender;

1. Written opinion;

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

1. Inquiry into comprehensive records of each immigration-related person;

1. List of illegally employed foreigners (B);

1. Application of statutes on business registration certificates;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of fines for criminal facts, and the selection of penalties;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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