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(영문) 수원지방법원 평택지원 2014.03.20 2014고정77
출입국관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, who operates a C cafeteria in Ansan-si B, is prohibited from employing any foreigner who does not have the status of sojourn eligible for job-seeking activities. However, on June 27, 2013, the Defendant employed three workers D, E, F, etc. of China, who did not have the status of sojourn eligible for job-seeking activities in the said cafeteria.

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 on accusation of immigration offenders;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of fines;

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

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the defendant does not have any previous case; the crime is divided; the crime is closed; there is no risk of recidivism by closure of a restaurant; the case leads to this case because it is difficult to seek a national who will engage in simple labor or a foreigner qualified for employment; and the defendant's family relationship, etc. is partially reduced by a fine prescribed in the summary order. It is so ordered as per Disposition.

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