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(영문) 전주지방법원 2020.10.29 2020노717
출입국관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty of the facts charged in this case, or erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination:

(a) No person who is the summary of the facts charged shall employ a person having no status of sojourn eligible for employment activities;

Nevertheless, from March 3, 2019 to April 25, 2019, A employed 20 persons who did not have the status of stay to work as shown in the list of crimes attached to the judgment below, as well as employment of a foreigner of Thailand who did not have the status of stay to work as visa exemption (B-1) and who did not have the status of stay to work as shown in the list of crimes attached to the judgment below.

The Defendant, who is an employee of the Defendant, employed a person who does not have the status of stay to engage in job-seeking activities as described in the above criminal facts.

B. The lower court determined as follows: (a) the Defendant was established around May 2008 for the win-win development with Goma Farming families; (b) the Defendant’s representative director was changed to E on March 25, 2010; (c) the land for which foreigners listed in the facts constituting the crime of the lower judgment (hereinafter “foreigners of the instant case”) were located is the FF and G, H, I, and the land owned by the Defendant and the said Jri land is the land owned by the Defendant and the said Jri land is not the land leased by the Defendant (refer to the evidence record, 425-426 pages); (c) the land on which the foreigners of the instant case owned or leased by the Defendant was considerably away from the location of the Defendant (refer to approximately 1.8 kilometers for the land of the relevant Jriri, approximately 2.5 kilometers for the land of the said Lri, approximately 2.5 kilometers for the foreigner; and (d) the location and the place of the Defendant’s residence (refer to the location of the building of the instant case).

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