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(영문) 청주지방법원 충주지원 2017.06.27 2017고단310
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who carries on the packing business of motor vehicle parts under the trade name of “C” in the Hahbuk-gun B.

When a foreigner intends to work in the Republic of Korea, he/she 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.

On February 1, 2017, from around March 16, 2017 to around March 16, 2017, the Defendant employed D (E) a foreigner of Thailand’s nationality who does not have the status of stay to engage in job-seeking activities at the aforementioned “C” factory, with the monthly salary of KRW 1,300,000.

In addition, the Defendant employed 10 foreigners who did not have the status of stay to engage in job-seeking activities by the aforementioned methods over 10 times from February 1, 2017 to March 16, 2017, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (D, F, G, H, I, J, K, L, M, and N);

1. A written accusation (a written accusation against an immigration offender);

1. Written opinion, list of foreigners employed by the Ministry of Justice, and review report;

1. Business registration certificate and certificate of employment of foreigners;

1. The entry or departure status of each individual;

1. A report on activities to crack down an immigration offender;

1. Work sets prepared by Thailand people;

1. Receipt of money or valuables kept in custody (the details of last wages payment);

1. Application of Acts and subordinate statutes to a report on investigation (Preparation of a list of crimes);

1. In light of Articles 94 subparag. 9 and 18 subparag. 3 (the employment of foreigners who do not have the status of sojourn eligible for each job-seeking activity) of the relevant Act on criminal facts, the choice of fines (the number of foreigners who illegally employ ten foreigners to obtain economic benefits, such as reduction of personnel expenses, and the period of employment, employment, employment purpose, and circumstances, etc., of the crime of this case, although the crime of this case is not good, the crime of this case is deemed to be committed. However, the defendant confessions all of the crimes of this case and reflects them, the defendant is the first offender without any previous conviction, and the character of the crime.

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