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(영문) 인천지방법원 2020.01.17 2019고정1518
출입국관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a factory manager of the Seo-gu Incheon Metropolitan City C Co., Ltd. who is in charge of the work of the production and management of factory workers.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities.

The Defendant promised to pay KRW 100,000 per day to two persons of Mongolian nationality D (E) and F (GG) who enter the Republic of Korea as “C-3-9 (General Tourism)” rather than sojourn status that can engage in job-seeking activities in the above C Co., Ltd., and employed the C Co., Ltd. as the site of its factory from March 20, 2019 to March 21, 2019.

Summary of Evidence

1. Legal statement of the witness H;

1. A certificate of foreigner employment, each notice of decision on examining an immigration offender, and a statement of control;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of fines;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant did not return to a foreign worker when he/she found it, and it did not employ or instruct foreign workers of Mongolian nationality to work.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the fact that the defendant employed two foreign nationals of Mongolia who have no status of stay to work domestically as stated in the facts constituting the crime in the judgment of the court is sufficiently recognized.

(1) Two persons in Mongolia shall attend this court and work for the investigation and affiliated H of the Incheon Immigration Office, which directly controlled the scene of the incident.

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