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(영문) 전주지방법원 2015.10.07 2015고단1018
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of seven million won for Defendant B.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A, including the Defendants, is a director and real business owner of Plaintiff B in Kim Jong-si, and Defendant B is a corporation established for the purpose of manufacturing synthetic resin recycling materials.

2. In employing a foreigner, no person who has no status of sojourn eligible for employment activities shall employ any person who has no status of sojourn eligible for employment activities;

Nevertheless, on December 7, 2014, the Defendant employed four foreigners who did not have the status of stay that could engage in job-seeking activities, such as the entry in the list of foreigners illegally employed in the attached Form, including obtaining monthly salary of KRW 1.5 million, from around December 7, 2014 to February 1, 2015, D of the nationality of Thailand, which did not have the status of stay that could be employed at the place of a stock company B, and the status of stay that could not have been employed

3. Defendant B, at the time, and at the place specified in paragraph (2), the Defendant employed four foreigners who did not have the above status of sojourn to work as a director and a real business owner of the Defendant corporation in relation to the business of the Defendant corporation.

Summary of Evidence

1. Defendant A’s legal statement

1. Four copies of the foreigner's statement, four copies of the inquiry date when the sojourn expires; and

1. Application of Acts and subordinate statutes to accusation and written opinions;

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 and Article 18 (3) of the Immigration Control Act (Selection of Imprisonment);

(b) Defendant B: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act

2. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (The following consideration given to the defendant in favor of the sentencing).

3. Defendant A of a community service order: Article 62-2 of the Criminal Act.

4. Defendant B Co., Ltd.: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A reflects his mistake while committing the instant crime, and that Defendant A did not have any criminal record exceeding the fine.

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