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(영문) 서울남부지방법원 2019.03.28 2018고단3774
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is operating a marina business in the trade name of “C” from the second basement of Gangseo-gu Seoul Metropolitan Government B, Gangseo-gu.

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

Nevertheless, from March 9, 2018 to April 14, 2018 of the same month, the Defendant employed D(69 years, women) with the nationality of Thailand holding the status of stay (B-1) for visa exemption (B-1) from which the Defendant is unable to work at the said marina business place, as the monthly salary of KRW 1.5 million, and as the marina support from March 13, 2018 to March 14, 2018, the Defendant employed E(90 years, women) and F(84 years, women) as the monthly salary of KRW 1.5 million, respectively.

2. The Defendant is a person who is operating a marina business in the trade name of “C” from the second basement of Gangseo-gu Seoul Metropolitan Government B, Gangseo-gu.

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

Nevertheless, the defendant from March 24, 2018 to the same year.

8. From March 3, 2018 to August 3, 2018, the status of stay for visa exemption (B-1) that is unable to be employed at the said marina business establishment is to pay monthly salary of KRW 1.5 million and KRW 10% of the allowance per customer, and employment of six foreigners of the nationality of the Thailand as described in the separate list of crimes in the above manner from around this time to August 3, 2018, respectively.

Summary of Evidence

"2018 Highest 3774"

1. Defendant's legal statement;

1. Each statement of E, F, and D;

1. Written accusation, written opinion of the head of the Seoul Southern Immigration Office, and written notice of decision on examining each immigration offender;

1. A certificate of foreign employment" 2018 Highest 6700;

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. A written statement of I;

1. Each passport and written statement of G, J, K, L, M and H;

1. The accusation and written opinion of the head of the Incheon Airport, Entry and Departure foreigner, and each notice of decision on examining immigration offenders;

1. Application of the Foreign Employment Certificate Law

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