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(영문) 서울서부지방법원 2020.10.07 2020고정826
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of C in Eunpyeong-gu Seoul Metropolitan Government second floor.

Around March 1, 2020, the Defendant: (a) promised D (T) who did not have the status of stay eligible to engage in job-seeking activities at the above C business establishment, to pay monthly salary of KRW 1.3 million to D (T) and provided employment as a massage; (b) promised E (T) who did not have the status of stay eligible to engage in job-seeking activities at the same business establishment on December 15, 2019, to pay monthly salary of KRW 1.3 million to E (T) and provided employment as a massage; and (c) on April 14, 2020, the Defendant promised F (T) who did not have the status of stay eligible to engage in job-seeking activities at the same business establishment on April 15, 2020 to pay monthly salary of KRW 1.3 million; and (d) agreed to provide employment to G (T) who did not have the status of stay eligible to engage in job-seeking activities on April 15, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning D, E, F, and G;

1. Application of Acts and subordinate statutes to each individual immigration control photograph, inquiry report on foreigner sojourn information, confirmation of foreign employment, written request for accusation of immigration offenders, and the current status of immigration of each individual;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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