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(영문) 제주지방법원 2019.04.26 2018고정211
출입국관리법위반
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

No person shall arrange the employment of any foreigner who does not have the status of sojourn eligible for employment activities.

From January 16, 2016 to February 14, 2017, the Defendant operated the Human Resources Office with the trade name “B” in Jeju-si, Jeju-si, and received from August 201 to August 201, 201, the Defendant: (a) as indicated in the attached list of crimes, the Defendant arranged employment of eight Chinese workers, including arranging employment of eight Chinese workers to engage in harvest, etc. from December 11, 2016 to February 14, 2017, China, who did not have the status of sojourn eligible for employment by entering Jeju-do without a visa for tourism purposes; and (b) obtained from February 14, 2017, KRW 10,000 to KRW 12,00 per day.

As a result, the defendant arranged the employment of foreigners who do not have the status of sojourn eligible for employment activities as a business.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of the suspect interrogation protocol prepared by the prosecution against the accused;

1. Each description of each employment statement in C, F, G, H, I, J, K, and L;

1. Entry of an accusation against an immigration offender prepared by the head of the Ministry of Justice or Immigration Office;

1. Application of the Acts and subordinate statutes entered in a copy of business registration certificate, each notice of decision on examining an immigration offender, and each short-term foreigner¡¯s detailed inquiry;

1. Article 94 Subparag. 10 of the Immigration Control Act and Article 18 (4) of the same Act, comprehensively including the applicable law and the choice of punishment for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under law] The defendant asserts that a fine of KRW 50,000 to twenty million is excessive, but the amount of fine of KRW 10,000 is excessive, compared to the criteria for the determination of penalties, the above amount of fine is not excessive.

It is so decided as per Disposition for the above reasons.

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