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(영문) 수원지방법원 안산지원 2014.03.20 2014고단117
출입국관리법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 8,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of temporary placement of workers, etc. by members of Ansan-si C, 101, the representative director of B, and the defendant B.

1. The defendant A shall not employ any foreigner who does not have the status of sojourn eligible for employment activities;

Nevertheless, on September 7, 2013, from around December 15, 2013 to around December 15, 2013, the Defendant employed 13 persons including D (E) in China, F (G), H (I), J (K), L (M), P (O), P (P, R (S) T (U), V (W (W), X (AB (AAB (AC), etc. on condition that 80,00 won per day is paid.

2. The Defendant B, a representative director of the Defendant, employed 13 persons, including China, who did not have the status of sojourn eligible for employment as above in relation to the Defendant’s business at the same date and place as paragraph (1) of this Article, on condition that the Defendant paid 80,000 won per day.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certified copy of the register;

1. 13 copies of a notice of decision on examining an immigration offender;

1. Application of Part XIII of the employment statement to the Acts and subordinate statutes;

1. Defendant A: Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (Selection of Imprisonment): Subparagraph 2 of Article 99-3, Article 94 subparagraph 9 of the Immigration Control Act, 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; and

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (including the reflection of the accused and the first offender);

1. Defendant B corporation: Article 334 (1) of the Criminal Procedure Act;

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