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(영문) 대구지방법원 2017.06.22 2017고단2185
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates entertainment centers in the name of “D” on the first floor of Daegu Dong-gu C underground.

In employing foreigners, no person shall employ any person not having the status of sojourn eligible for employment under the Immigration Control Act.

Nevertheless, from January 5, 2017 to March 9, 2017, the Defendant employed 15 employees, including E of Thailand’s nationality, who did not have the status of sojourn eligible to be employed as shown in the list of crimes, at the above entertainment places.

Summary of Evidence

1. Statement by the defendant in court;

1. 15 copies of the foreigner's statement;

1. Application of Acts and subordinate statutes to a written accusation, a written notice of decision on examining an immigration offender, a certificate of employment of foreigners, and a copy of comprehensive records of entry or departure

1. Relevant legal provisions and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act regarding facts constituting an offense, and the choice of a fine for each type of crime (it shall be taken into account, such as the fact that the defendant mistakenly recognized that he/she was guilty of committing a crime during the period of probation, but transfers the above amusement points to others, that all the above women were forced to leave, that there was a family member to support);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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