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(영문) 대구지방법원 2013.08.13 2013고단3315
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative of Gyeongdong-gun C Co., Ltd. located in Gyeongdong-gun.

From November 23, 2012 to March 5, 2013, the Defendant employed 11 foreigners who did not have the status of stay to engage in job-seeking activities as shown in the separate sheet of crime between November 23, 2012 and March 5, 2013, including employment of Vietnam’s nationality D, which did not have the status of stay to engage in job-seeking activities in B, in the monthly salary of KRW 1.9 million, as well as between November 23, 2012 and March 5, 2013.

2. Defendant B Co., Ltd. is a corporation established for the purpose of manufacturing and wholesale and retailing household appliances in the Gyeongdong-gun C in the Gyeongdong-gun.

The Defendant employed 11 foreigners who were the representative of the Defendant from November 23, 2012 to March 5, 2013, who did not have the status of sojourn allowing the Defendant to work as above with respect to the Defendant’s business as employees.

Summary of Evidence

1. Each statement of Defendant A’s legal statement D, E, F, G, H, I, J, K, L, M and N

1. Each notice of decision on examining an immigration offender, and a list of illegally employed and foreigners;

1. Each certificate of employment of foreigners;

1. Application of statutes on business registration certificates;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment): Each of the defendant B stock companies under Article 99-3 subparagraph 2 of the Immigration Control Act, Article 94 subparagraph 9 of the same Act, and Article 18 (3) of the same Act;

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

1. The act of employing a foreigner who has no status of sojourn for the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is not only an act of raising unjust benefits at a relatively low level of wages, but also an act that may cause trouble in the immigration control of foreigners who have the status of sojourn and foreigners, and the act is also an act of raising unjust benefits at a relatively low level of wages.

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