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(영문) 울산지방법원 2017.03.30 2017고단239
출입국관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the qualification for sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person who does not have the qualification for sojourn.

The Defendant, on November 1, 2015, employed three foreigners who were operating “C” of automobile parts manufacturing business entity, and were not qualified to engage in job-seeking activities, such as in the list of crimes, from around that time until December 12, 2016, as the domestic period of stay expires, and employed Vietnam’s nationality D, which is an illegal stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender;

1. The ledger of benefits payment, and the list of employees;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 94 subparagraph 9 of the relevant Act and Articles 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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