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(영문) 대구지방법원 안동지원 2015.07.14 2015고단193
출입국관리법위반
Text

1. Defendant A shall be punished by a fine of 10,00,000 won, and Defendant B shall be punished by a fine of 5,000,000 won, respectively.

2...

Reasons

Punishment of the crime

Defendant

A farming association corporation B is a corporation established for the purpose of processing and distributing kimchi-related agricultural products, and the defendant A is a representative who operates the above corporation in Ansan-si D.

1. A foreigner who intends to find a job in the Republic of Korea shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant, from November 1, 2014 to January 12, 2015, entered the said farming cooperative as a short-term general (C-3-1) stay status in the said farming cooperative from Apr. 9, 2014, and then paid a certain amount of money to Vietnam (E, FF students, and women) without a status of stay that allows employment in the Republic of Korea, and employed as an employee of the said farming cooperative, after changing the status of stay to the qualification of the parent and family members (F-1-5) of the immigrants by marriage.

2. The Defendant Company B employed a foreigner who was the representative of the Defendant at the time and place specified in paragraph (1) on an unlawful basis without the status of sojourn eligible for employment as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement prepared by E, etc.;

1. A written accusation;

1. Application of Acts and subordinate statutes to a notice of decision on examining an immigration offender;

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 farming association corporation: Subparagraph 2 of Article 99-3 of the Immigration Control Act, Article 94 subparagraph 9 of the same Article, and Article 18 (3) of the same Act;

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

1. Defendant A with detention in a workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.

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