logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.02.19 2018고정842
출입국관리법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and corporation B is a company with the main purpose of manufacturing, processing, and distributing processed food.

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

From May 27, 2018 to June 1, 2018, the Defendant employed 75,000 won per day under the condition that four workers of Mongolian, who did not have the status of stay to engage in job-seeking activities in Kimpo-si, Kimpo-si, the location of the Defendant’s corporate office, Kimpo-si, which is the location of the Defendant’s corporate office, pay 75,000 won per day.

2. Defendant B, a representative director, employed a foreigner who did not have the status of stay as described in paragraph (1) in relation to Defendant A’s business at the date and place specified in paragraph (1), and committed an offense.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate of foreign employment;

1. Application of Acts and subordinate statutes of Mongolia;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 94 Subparag. 9 of the Immigration Control Act, Article 18(3) of the Immigration Control Act, and selection of fines

나. 피고인 주식회사 B: 긱 출입국관리법 제99조의3 제2호, 제94조 제9호, 제18조 제3항, 각 벌금형 선택

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

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

1. Defendants of the provisional payment order: In full view of the facts leading up to the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, the number of illegal employees and employment period, the amount of the penalty notified to the Defendants pursuant to the Enforcement Rule of the Immigration Control Act, the Defendants’ criminal records, and the circumstances after the commission of the crime, the punishment prescribed in the summary order is adequate.

arrow