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대전지방법원 천안지원 2013.10.10 2013고단868

출입국관리법위반

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Reasons

Punishment of the crime

No person shall employ any foreigner having no status of sojourn eligible for employment activities in the Republic of Korea.

Defendant

A is a person operating "B" corporation in Asan City, and Defendant B is a corporation that has been incorporated for the purpose of manufacturing electronic equipment, automobile parts, etc.

1. From March 4, 2013 to June 12, 2013, Defendant A employed 14 foreigners who did not have the status of sojourn eligible to work in the Republic of Korea, as described in the attached list of crimes, as well as having employed D of the illegal stay in the said place of business from March 4, 2013 to work in the manufacturing process.

2. B Co., Ltd. violated the Immigration Control Act as stated in the preceding paragraph by Defendant A, the representative of the Defendant at the date, time, and place under the preceding paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the written accusation, business registration certificate, notice of decision on examining an immigration offender, certificate of foreign employment, and written statement;

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, and Article 18 (3) of the Immigration Control Act;

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

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (including the absence of any record of punishment, any reflective fact, etc. in addition to the one-time previous offense);

1. It is so decided as per Disposition for the reason that Article 334(1) of the Criminal Procedure Act is not less than 334(1).