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(영문) 의정부지방법원 2019.09.24 2019고단1692
출입국관리법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

Defendant

A is the representative of the “E”, which is the packageing company in both weeks D, and the Defendant C is a corporation established for the purpose of the packageing processing, etc. at the above location, and Defendant B is the representative of the Defendant (State)C.

1. The defendant A shall not employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant, as described in the foregoing “E”, provided that he/she shall pay each remuneration to any foreigner who does not have the status of sojourn eligible to engage in job-seeking activities, such as F of Thailand nationality, which did not have the status of sojourn eligible to engage in job-seeking activities from May 16, 2017 to April 3, 2019, as described in the attached Table of Crimes List (E Representative A).

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

Nevertheless, the Defendant, at the above state’s office, provided that he shall pay each remuneration to any foreigner who does not have the status of sojourn eligible to engage in job-seeking activities, as described in the attached Table (Ⅱ)(Ⅱ), such as G of Thailand’s nationality, which did not have the status of sojourn eligible to engage in job-seeking activities from March 20, 2019 to April 3, 2019.

3. Defendant (State) C employed a foreigner who did not have the above status of sojourn as to the Defendant’s business at the above date, time, and at the above place.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of each witness;

1. A copy of employment certificate, a statement of employment of a foreigner, and output of sojourn records;

1. A copy of a wage payment card, a copy of the passport, and a statement of benefits;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the Immigration Control Act, and Article 94 subparagraph 3 of the same Act, Article 18 (3) of the same Act, and Article 99-3 of the Immigration Control Act.

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