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(영문) 제주지방법원 2017.08.10 2017고단1041
출입국관리법위반
Text

Defendant shall be punished by a fine of eight 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 receives a subcontract from a construction company in the Jeju House and works related to steel bars.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, on April 11, 2016, the Defendant employed B (C's life and South Korea) a foreigner of Chinese nationality, who did not have the status of sojourn eligible for employment by entering Jeju-do as Jeju-do free on a daily basis, at 120,000 won per day, and worked at the construction site located in Seopo-si, Seopo City D's site, etc., and later employed 6 foreign nationals of Chinese nationality to pay 8 to 120,000 won per day as shown in the list of crimes in the attached Form, and then employed them at the construction site located in Seopo-si.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A notice of decision on examining an immigration offender;

1. A copy of the certificate of employment of foreigners;

1. Application of employment statements and written confirmation of deposit receipt Acts and subordinate statutes;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all of the conditions for sentencing specified in the instant pleadings, and in particular, the following circumstances shall be taken into account: A favorable circumstance: (i) the reflection of the circumstances; (ii) the absence of a previous conviction; (iii) the number of foreigners employed is six; and (iv) the employment period is two months.

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