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(영문) 서울동부지방법원 2015.11.18 2015고단2895
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On September 26, 2014, the Defendant was sentenced to imprisonment with prison labor for eight months at the Seoul Central District Court for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the said judgment became final and conclusive on October 7, 2014.

【Criminal Facts】 When a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ a person who has no status of sojourn above.

From March 18, 2015 to September 19, 2015, the Defendant operated a marina business establishment from the first floor of Songpa-gu Seoul, Songpa-gu, Seoul to “C” with the trade name “C”, and employed D and E, a foreigner of the born nationality, who did not have the status of stay, as a marina branch, at the 120,000 won per month.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of foreign employment;

1. Business registration certificate;

1. Each statement, etc.;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

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

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 of the provisional payment order;

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