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(영문) 서울남부지방법원 2019.10.24 2019고단3068
출입국관리법위반
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

The defendant is a person who operates a marina business with "E" in Yangcheon-gu Seoul Metropolitan Government building B, C, and D.

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

Nevertheless, on April 22, 2019, from around April 22, 2019 to April 25, 2019, the Defendant employed the F of the nationality of Thailand (B-1) holding the status of stay (B-1) that is unable to be employed at the said marina business from around the said marina business from around April 22, 2019 to the business of marina, and provided the 150,000 won monthly remuneration to the customers, and provided the flag to the customers with the flag food site.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of respective Acts and subordinate statutes to certificates of employment of foreigners;

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

1. Selection of each selective fine for punishment (the defendant has no particular criminal history, and considering the fact that he/she reflects the crime in this case);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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