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(영문) 대전지방법원 논산지원 2017.11.07 2017고정171
출입국관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Company B, which is located in Chungcheongnam-gun, Chungcheongnam-gun.

No person shall employ any foreigner who is not eligible to engage in employment activities.

Nevertheless, around June 29, 2017, the Defendant promised to pay 5,000 won per day to D, E, Thailand’s nationality F, Macra or nationality G, H, I, and Kazak F, H, I, and Kazakan’s nationality L, which is not eligible to engage in employment activities in the above B.

2. Defendant B’s representative director, the Defendant B’s Defendant, committed a violation in relation to the business as described in paragraph 1.

Summary of Evidence

1. A legal statement of the defendant himself and the representative director B of the defendant corporation

1. Each statement of G, H, D, I, L, J, K, E, or F (Evidence Records Nos. 20 to 28);

1. Each certificate of employment of foreigners (the 9,10 pages of evidence records);

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 94 subparag. 9 of the Immigration Control Act and Article 18 subparag. 3 (Selection of Penalty) of the same Act on the facts constituting an offense, Defendant A: Articles 99-3 (main sentence)2, 94 subparag. 9, and 18 (3) of the Immigration Control Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) reflects the Defendant’s wrongness, the fact that the Defendant has no record of the same kind of crime, the number and employment period of the employed foreigners, the age, environment, circumstances of the crime, and circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions as shown in the arguments of the instant case.

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