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(영문) 창원지방법원 2013.08.28 2013고단1423
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of 20 million won for Defendant B.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A as the representative director of Defendant B, a person who is engaged in overall business such as employment of employees and payment of wages of the above company, and Defendant B is a corporation with the purpose of manufacturing plastic products in Kimhae-si C.

1. While Defendant A was prohibited from employing a person who does not have the capacity to engage in job-seeking activities, Defendant A employed a foreigner who does not have the capacity to engage in job-seeking activities as an employee by paying KRW 2,00,000 per month D of Chinese nationality from March 29, 2012 to March 20, 2013, and employed a foreigner who had no capacity to engage in job-seeking activities including employment as an employee at around that time.

2. Defendant B, at the above date and place, employed a foreigner who was the representative director of the Defendant as an employee, who did not have the capacity to engage in job-seeking activities as set forth in paragraph (1).

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. Each statement (Defendant B Co., Ltd.);

1. A suspect interrogation protocol of the prosecution;

1. Each statement;

1. Application of the certified transcript of corporate register (No. 69 of investigation records) Acts and subordinate statutes;

1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) and (1) of the Immigration Control Act, and Article 99-3 subparagraph 2 of the Immigration Control Act, Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) and Article 18 (3) of the Immigration Control Act, and Article 18 (2) of the Act;

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

1. Defendant A: Article 62 (1) of the Criminal Act (Taking into account the circumstances leading to the instant crime and the current transfer of the business body to another person);

1. Defendant B corporation with the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more;

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