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(영문) 수원지방법원 2019.09.19 2019고단3160
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has operated an entertainment business with the trade name “Csing shop” in the building B and the second floor of Jeonnam-do.

From May 20, 2018 to July 25, 2018, the Defendant employed a foreigner who had no status of stay over 12 times in the following manner: (a) from around May 20, 2018 to around July 25, 2018, the Defendant employed a foreigner D who had been staying in the said entertainment establishment as a qualification not to engage in simple labor activities (B-1); (b) provided an interview with an unspecified number of male customers to drink and drink with an unspecified number of male customers; and (c) provided a person who did not have the status of stay; and (d) provided a foreigner who had no status of stay over 12 times in the manner described in the attached list of crimes.

Accordingly, the defendant employed a person who does not have a legitimate status of stay over 12 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, G, H, I, J, K, L, M, N,O, and D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs on control site, the list of aliens exposed, employment certificates, detailed inquiry into and out of the Republic of Korea;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of fines;

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. Although the nature of the crime is not good considering the business period and size of the defendant, the number of the employed foreigners, the profits of the defendant, etc., of sentencing under Article 334(1) of the Criminal Procedure Act, considering the fact that the defendant is led to confession and reflect, the defendant does not have any criminal record exceeding the same kind of criminal record or fine, and the business establishment in the judgment seems to have been at the present time closed, a fine is selected by taking into account the following factors: the defendant's age, environment, the background of the crime in this case, the circumstances after the crime, etc., and the various sentencing conditions

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