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(영문) 대구지방법원 서부지원 2019.09.26 2019고단1188
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 6,00,000 won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of Daegu-gun Co., Ltd., and Defendant B is a corporation established for the purpose of manufacturing and selling automobile parts.

1. Where a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for employment activities;

On November 4, 2017, the Defendant entered the Republic of Korea as a short-term visit qualification and was subject to the period of stay as of February 2, 2018, and employed 12 foreigners who did not have the status of stay eligible to work in the Republic of Korea as shown in the attached list of crimes, such as D of Indonesia Nationality, etc., and were illegally employed as employees of Company B from March 15, 2019 to April 8, 2019.

2. The above Gap, the representative director of the defendant B, employed a person who did not have the status of sojourn eligible for employment activities in relation to the defendant's business at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Each statement;

1. An accusation against an immigration offender, a notice of decision on examining an immigration offender, a certified copy of a business registration certificate, a full certificate for registered matters, a certificate of foreign employment;

1. Application of the Investigation Report (No. 9) Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 94 Subparag. 9 of the Immigration Control Act, Article 18(3) of the Immigration Control Act, the choice of imprisonment

(b) Defendant B: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act

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

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (Consideration, such as the fact that the defendant A acknowledges the crime of this case, and that the defendant has no criminal records of punishment subject to suspended execution or heavier punishment);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant of the provisional payment order.

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