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(영문) 대구지방법원 경주지원 2015.10.14 2015고단571
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in the racing city B.

1. No person shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, between March 11, 2015 and May 27, 2015, the Defendant employed 19 persons including 14 nationality of Thailand, 2 nationality of Egypt, 2 nationality of India, and 19 Chinese nationality, respectively, who did not have the status of stay to engage in job-seeking activities, as described in the attached Table of List of Foreigners.

2. No person shall employ any foreigner who fails to obtain permission to change or add his/her workplace;

Nevertheless, from April 24, 2015 to May 27, 2015, the Defendant employed Thai E while operating the above company.

However, the above E was a person who was permitted to work in due diligence corporation.

Accordingly, the defendant employed a foreigner who did not obtain a change of work place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the accusation, certificate of employment of foreigners, power of attorney, and alien statements;

1. Article 94 subparagraph 9 of the relevant Act on the facts constituting an offense, Article 18 (3) of the Immigration Control Act (the selection of a fine, which employs a person who has no status of sojourn eligible for employment activities), Article 95 subparagraph 6 of the Immigration Control Act, and Article 21 (2) of the Immigration Control Act (the selection of a fine, which employs a foreigner who has not obtained permission to change his/her place of business, and

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

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

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

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