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(영문) 창원지방법원 밀양지원 2019.08.20 2019고정68
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

피고인은 밀양시 B에 있는 비닐하우스 농장에서 호박, 깻잎, 가지 등을 재배하는 농업을 영위하는 사람이다.

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

From March 22, 2019 to April 15, 2019, the Defendant employed five foreigners of the nationality of Thailand who did not have the status of sojourn eligible for employment as the employee of the above farm as well as the employment of a foreigner of Thailand who did not have the status of sojourn as an employee of the above farm, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Each detailed inquiry into the entry or departure records, and the registered foreigners card;

1. Notice of decision on immigration business review, certificate of employment of foreigners, and certificate of registration of agricultural business entities;

1. Application of the Acts and subordinate statutes on the written accusation;

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. According to Article 334(1) of the Criminal Procedure Act, considering the following circumstances: (a) the Defendant’s husband’s reason for sentencing of Article 334(1) appears to have difficulty in coping with farm activities due to the Defendant’s disability of cutting off the upper part; (b) the Defendant’s husband’s fault against the mistake; and (c) the Defendant

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