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(영문) 전주지방법원군산지원 2020.11.09 2020고정260
출입국관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree;

Nevertheless, from October 16, 2019 to March 22, 2020, the Defendant was employed as a seafarer by having a Vietnamese, a Vietnamese, who had no status of stay to engage in job-seeking activities, on board a ship of Vietnam, from around October 16, 2019 to around March 5:40.

2. No person who violates the Fishery Resources Management Act shall manufacture, sell or load fishing implements, other than fishing implements licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act;

Nevertheless, from March 21, 2020 to 5:40 on the following day, the Defendant loaded 2 molds of unauthorized fishing gear (i.e., 6 meters in length, 6 meters in length, 2.8 meters in length) for the purpose of capturing a snick snick snick on the Defendant’s non-registered fishing vessel that is anchored at the Gunnsan-si B bed.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of a person who violates the provisions of the Immigration Control Act and fishery resources management Act (violation of the Immigration Control Act and fishery resources management Act), written confirmation, photographs and copies of alien registration

1. Article 94 Subparag. 9 of the former Immigration Control Act (amended by Act No. 17089, Mar. 24, 2020); Article 18(3) of the former Immigration Control Act (amended by Act No. 17089, Mar. 24, 2020); Article 65 Subparag. 6 and Article 24 of the former Fishery Resources Management Act (amended by Act No. 17106, Mar. 24, 2020);

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 (Article 334(1) of the Provisional Order for Provisional Payment (Article 334(1) of the same Act provides that the amount claimed for a summary order is appropriate, considering all the factors leading to the crime, details, the same criminal records, and circumstances before

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