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(영문) 수원지방법원 안산지원 2014.02.20 2013고단3148
출입국관리법위반
Text

Defendant

A Imprisonment for not less than six months, and Defendant B shall be punished by a fine not exceeding 10,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B in Ansan-si, the defendant corporation B is a corporation established for the purpose of temporary placement of workers, productiond subcontracting business, etc.

1. The defendant A shall not employ any foreigner who does not have the status of sojourn eligible for employment activities;

Nevertheless, from September 18, 2012 to August 14, 2013, Defendant A entered into a human resources supply contract with the FF, which was located in Incheon, and paid KRW 14,860 to G, etc., China, who did not have the status of stay to work as shown in the separate crime list, and employed KRW 4,860 as simple labor service.

2. Defendant B, a representative director of the Defendant, paid KRW 4,860 to 14, including G, China, who did not have the above status of stay to work as to the Defendant’s business at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each written statement of employment and each notice of decision on examining an immigration offender shall be made;

1. Article 94 Subparag. 9 of the former Immigration Control Act (wholly amended by Act No. 12195, Jan. 7, 2014); Article 18(3) of the former Immigration Control Act (wholly amended by Act No. 12195, Jan. 7, 2014); Articles 99-3 Subparag. 2, 94 Subparag. 9, and 18(3) of the Immigration Control Act;

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

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) is against the defendant, the first offender, and other relevant factors);

1. Article 334 (1) of the Criminal Procedure Act (Defendant B corporation);

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