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(영문) 부산지방법원 2018.05.29 2018고단1419
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From August 25, 2017 to November 21, 2017, the Defendant, at the place of business, “C” in the name of “C,” located in Busan Jin-gu B and 3 Busan, employed six persons, including D (M, E, G, H (n, I), J (n, K), L (n, M) and N (n (n, O), who did not have a legitimate status of stay to engage in job-seeking activities, and had them pay wages of 1.5 million won per month to six persons, including those who are in charge of work.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written notice of decision on examining an immigration offender, written confirmation on employment of foreigners, or written inquiry about foreigners residing in a group;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of fines for criminal facts, and the selection of punishment;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order does not have the same criminal history for the defendant, and considering the favorable circumstances in which the above place of business was closed, and the defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions, including the defendant’s age, sex, environment, motive, means and consequence after the crime, shall be determined as ordered.

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