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(영문) 인천지방법원 2016.11.29 2016고단6470
출입국관리법위반
Text

Defendant

A Imprisonment for 6 months and Defendant B shall be punished by a fine of 2,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative of the two corporations in Seo-gu Incheon, Seo-gu, Incheon, who operates the above company, and the defendant B is a corporation established for the purpose of manufacturing and selling household goods.

1. When a foreigner A intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ any foreigner who has no reasonable sojourn eligibility to engage in employment activities;

Nevertheless, from May 9, 2016 to June 13, 2016, the Defendant employed eight foreigners who did not have the status of stay from January 5, 2016 to June 13, 2016, as well as the status of stay from January 5, 2016 to June 13, 2016, which did not enable them to engage in job-seeking activities.

2. Defendant B, a corporation established for the purpose of manufacturing and selling household goods, etc., and a corporation, the representative director of the Defendant, at the same time and place as the above paragraph (1), committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements (Defendant B corporation’s statement of representative director A)

1. Written accusation and written opinion;

1. Written review and decision;

1. Application of Acts and subordinate statutes governing foreign employment certificates;

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

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

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to be the attitude of the Defendants to recognize and reflect the crime, and Defendant A.

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