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(영문) 부산지방법원 동부지원 2019.09.04 2019고단760
출입국관리법위반
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

No person shall employ any foreigner having no status of sojourn eligible for employment activities.

Nevertheless, from March 30, 2019 to April 10, 2019, the Defendant employed five foreigners who do not have the status of stay, such as the entry in the attached crime list, in “C” operated by the Defendant in Busan Shipping Daegu, and employed a foreigner of the mother’s nationality who did not have the status of stay to work.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A certificate of employment of foreigners;

1. A written notice of examination and decision;

1. Detailed inquiry into the records of entry or departure;

1. Application of Acts and subordinate statutes on accusation of immigration offenders;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has no record of being punished for the same kind of crime, employment period for foreigners is not long, and the defendant's operational business type is deemed to have resulted in the crime of this case due to arrest problems such as evading a foreigner with the status of sojourn eligible to engage in a national or job-seeking activities, etc. In addition, the defendant's age, character and behavior, environment, means and result of the crime of this case, circumstances after the crime, family environment, etc. are considered to have little benefits from the crime of this case, and the punishment shall be determined as ordered by taking full account of various sentencing conditions

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