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(영문) 인천지방법원 부천지원 2019.05.09 2018고단3280
출입국관리법위반
Text

The sentence against the accused shall be determined by a fine of 15 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates each entertainment tavern in the name of “D” in Kimpo-si B and 3rd C, and of “G” in Kimpo-si E and 3rd floor F.

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

Nevertheless, from January 18, 2018 to March 15, 2018, the Defendant employed 12 foreigners who did not have the status of sojourn eligible for employment, such as the entry into the said “D” and “G” and the status of sojourn eligible for visa exemption (B-1) on the condition that, at least 1-2 occasions a week, female I of the Russian nationality is paid at least 35,000 won per hour, and employed 12 foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. A copy of the protocol of interrogation of the police officer with H (one time);

1. A copy of each statement made to J and K;

1. A copy of the current status of women of D brokerage Russia;

1. A copy of the employment certificate of foreigners;

1. L and 16 emergency protection notes, individual entry and departure records, copies of passports, etc.;

1. Report of investigation (the accounting of a list of crimes and the repreparation of crimes);

1. Application of Acts and subordinate statutes to a copy of investigation report (the period of employment and confirmation of place of employment for a foreign employment loan);

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (including each employee) and the selection of each fine for a crime, Article 94 of the relevant Act and the selection of each type of punishment;

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. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant is merely arranging the entertainment drinking house guests to be provided with entertainment drinking houses by employing foreign visitors as well as by having a labor relationship with them and dispatched foreign visitors from H who controlled and supervised them.

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