Text
Defendant shall be punished by a fine not exceeding nine million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
The defendant is a person who is the head of the tree team of B repair work at the Jeju-si.
If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any foreigner who has not obtained the said status of sojourn.
On August 20, 2017, the Defendant was employed on the condition that C, D, E, F, and G, a foreigner of Chinese nationality, who entered the Republic of Korea status of stay for Jeju Non-Qualification for Employment (B-2-2) at the construction site on August 20, 2017, are KRW 130,000 per day.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Each entry in the employment statement in C, D, E, F, and G preparation;
1. Statement of accusation (including attached documents) by the head of the Jeju Immigration Office;
1. The application of each Act or subordinate statute to each notice of decision on examining any immigration offender, and each of the Acts or subordinate statutes entered in detailed records;
1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Act on the Punishment, etc. of Specific Crimes (Selection of Fine for Negligence);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in the crime of violating the Immigration Control Act related to D related with the largest holding of concurrent crimes);
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 order of provisional payment 【Scope of the applicable sentences under the law】 A fine of KRW 50,000 to KRW 30 million (in the case of concurrent crimes), 【Pronouncement of a fine of KRW 9 million] The defendant alleged that the fine of KRW 9 million is excessive. However, compared to the fact that the penalty of KRW 5 million is more than 8 million in the case where the five employees are employed for less than 3 months according to the criteria for the determination of the penalty, the amount of the above fine is excessive.
It is so decided as per Disposition for the above reasons.