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(영문) 서울중앙지방법원 2016.06.13 2016고정1548
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

On April 3, 2015, the Defendant was sentenced to imprisonment for six months (joint imposition of a penalty of six million won) with prison labor for a violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts, at the Seoul Central District Court on April 3, 2015, and the said judgment became final and conclusive on April 11, 2015.

The Defendant is a person who operates a similar trading establishment in Gangnam-gu Seoul Metropolitan Government as a trade name "C".

When a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no legal status of sojourn eligible for employment activities.

Nevertheless, from October 22, 2014 to November 20, 2014, the Defendant illegally employed a foreigner of Thailand nationality who has not obtained a legitimate status of stay for employment by staying in the Republic of Korea under the qualification of visa exemption (B-1) from the above C from October 22, 2014 to November 20, 2014, as well as employment of Type D (B-100,000 per month from around that time to November 20, 2014, in the qualification of five visa exemption (B-1), who has not obtained a legitimate status of stay for employment by staying in the Republic of Korea and has not obtained a legitimate status of stay for employment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Certificates and statements of employment of foreigners (A);

1. Each statement (D, F, G, H, I);

1. Previous convictions in judgment: Application of text of judgment and Acts and subordinate statutes making inquiries about criminal history;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act (excluding punishment) concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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