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(영문) 대구지방법원 2017.06.16 2016고정2629
출입국관리법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the “D” as a wholesale and retail business entity for agricultural products in Yongcheon-si.

No person shall employ any foreigner having no status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree.

Nevertheless, on July 28, 2016, the Defendant entered the Republic of Korea as a seafarer (E-10-2) status on September 1, 2012, from D in Yongcheon-si, Youngcheon-si, and employed E (E, South, and F) as an employee, who had no status of sojourn eligible for employment upon termination of the period of employment on September 11, 2013.

From that time until October 2, 2016, the Defendant employed seven foreigners who did not have the status of sojourn eligible to engage in job-seeking activities, such as the list of crimes in attached Form.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each foreigner's statement;

1. The captain of an accusation (the head of Daegu immigration control office) and a written notice of decision on examining an immigration offender;

1. Inquiry into the list of illegal foreigners, certificates of employment of foreigners, and comprehensive records of persons related to entry into or departure from Korea;

1. Application of business registration certificate (D) Acts and subordinate statutes;

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 penalties;

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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