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(영문) 서울중앙지방법원 2020.05.13 2020고정180
출입국관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the petroleum wholesaler in Seoul, who operates the above corporation as the representative director of the defendant B corporation.

1. The defendant A shall not employ any foreigner who has no status of sojourn eligible for employment activities;

From December 1, 2018 to December 15, 2018, the Defendant employed China-China as a petroleum delivery source, who is an overseas Korean (F-4) who is unable to work for a detailed type of occupation corresponding to simple labor activity in the B Company office.

2. Defendant B, a representative director of the Defendant, committed a violation as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Accusation of a violator of the Immigration Control Act, written opinion, and notice of examination and decision on immigration offenders;

1. Employment contracts;

1. Application of Acts and subordinate statutes to pledges of non-employment of domestic simple labor industry;

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

A. Defendant A: Article 94 Subparag. 9 of the Immigration Control Act, Article 18(3) of the Immigration Control Act, the selection of fines

(b) Defendant B corporation: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendants employed a foreigner who does not have the status of sojourn eligible for job-seeking activities, and the crime’s liability is not minor in light of the circumstances and contents of the crime.

However, it seems that the defendants recognized the crime of this case, and reflects the mistake in depth.

It is difficult to view that there is only one foreigner employed by the defendants, and the employment period is about 15 days.

Defendant

A has no criminal power.

In addition, all other circumstances, such as Defendant A’s age, character and conduct, the environment of the Defendants, the motive and background of the crime, and the circumstances after the crime, etc., are considered comprehensively.

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