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(영문) 울산지방법원 2020.06.23 2020고정306
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person without the status of sojourn eligible therefor.

Nevertheless, the Defendant from July 1, 2019

8. By December 21, 200, in the entertainment tavern “C” operated by the Defendant in Ulsan-gu, Ulsan-gu, the Defendant employed 9 foreigners who did not obtain the status of stay eligible for employment as shown in the attached list of crimes, including employing D(D, female, 34 years of age, and 21) of the mother’s nationality, which did not obtain the status of stay eligible for employment as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Business registration certificate;

1. A report on investigation (a written statement attached to illegal aliens);

1. A written statement of foreign workers illegally employed;

1. Application of Acts and subordinate statutes to detailed records of entry and departure;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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, where the defendant employs a foreigner who does not have the status of sojourn eligible to be employed, thereby undermining the effectiveness of the immigration control policy of the Republic of Korea or creating the conditions of illegal stay, etc., the act of illegally employing the foreigner as an entertainment worker, especially in order to establish order in the stay of foreigners and protect human rights, and realize sound social order, etc. In the meantime, the act of employing the foreigner as an entertainment worker should be eradicated. Meanwhile, the fact that the defendant is against the crime, the period of employment has not expired, the fact that the defendant does not have the same criminal history, the method and consequence of the crime, the circumstances and consequence of the crime, the age of the defendant, the environment, and criminal records, etc.

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