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(영문) 인천지방법원 부천지원 2020.05.07 2019고단3847
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has operated an entertainment drinking house called “C” on the building B and the third floor in Bupyeong-si.

1. No person shall employ any foreigner having no status of sojourn eligible for employment activities;

Nevertheless, from June 17, 2019 to August 12, 2019, the Defendant employed five foreigners, such as R (E), F (G), H (I), J (K (K), and Carbstan nationality, who did not have the status of stay eligible for job-seeking activities in “C” from around June 17, 2019 to around August 12, 2019.

2. No person shall employ any foreigner having no status of sojourn eligible for employment activities;

Nevertheless, from August 6, 2019 to September 5, 2019, the Defendant employed eight foreigners, including N(O), P, R(S), T (U), V (W), X (Y), Z(AB (AC), etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. A written notice of examination and decision on each immigration offender;

1. Each statement (Evidence Nos. 6,19);

1. Application of statutes on business registration certificates;

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

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 does not extend to the period in which a foreigner is employed on the grounds of sentencing.

All crimes are recognized.

There is no history of criminal punishment.

Along with the detection of illegal employment of foreigners, the same crime was repeated.

There are a lot of number of illegal foreign workers.

The crime is a crime that interferes with the normalization of the employment market and promotes illegal stay of the relevant foreigners.

In addition, the family relation, age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime are shown in the pleadings of this case.

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