logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2019.08.20 2019고단240
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

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, and no person shall employ a person who has no such status of sojourn.

Nevertheless, the Defendant, around March 5, 2019, employed 16 foreigners who have no legitimate status of stay from March 5, 2019 to March 12, 2019, as shown in the separate sheet of crime, who were staying in Ansan-si B, while staying in the Republic of Korea as status of stay for visa exemption (B-1) and thus, were paid KRW 50,00 per day from March 5, 2019 to March 5, 2019 to be employed as a daily worker.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to the accusation, the employee foreigners' list, and each written statement;

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

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

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to obstruct the normalization of the employment market and encourage the illegal stay of foreigners.

However, the decision is made as ordered by considering the following facts: the defendant's mistake is divided, the details, period and number of foreigners, and the age, character and behavior, family environment, motive for the crime, circumstances after the crime, etc. of the defendant.

arrow