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(영문) 대구지방법원 서부지원 2016.09.30 2016고단1055
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

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

1. Defendant A is the representative director of the chain (ju) D in the automobile parts manufacturing business located in Daegu-gun Co., Ltd.

On December 20, 2015, the Defendant employed three foreigners of Chinese nationality, who did not have the status of stay eligible to engage in job-seeking activities in D, at the monthly salary of KRW 1.5 million, from that time until February 29, 2016, who did not have the status of stay eligible to engage in job-seeking activities three times, such as the list of crimes in attached Form (1).

2. Defendant B is the representative director of the company (ju) G, who produces automobile parts in Daegu-gun F. The Defendant is the representative director of the company.

On March 1, 2016, the Defendant employed 12 foreigners of Vietnam’s nationality who did not have the status of stay eligible for job-seeking activities in G, the Defendant, as well as 12 foreigners who did not have the status of stay over 12 times, such as the list of crimes (2), from that time to April 4, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes to each investigation report (with respect to the protection of D illegal aliens and their written statements, the examination and decision of illegal aliens, and compulsory evictions);

1. Article 94 subparagraph 9 of the relevant Act and Article 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 Article 38 (1) 2 of the same Act for the increase of concurrent crimes;

1. The act of employing a foreigner without the status of sojourn eligible to engage in the same job-seeking activity as the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the suspended execution, shall deprive the national and the foreigner having the same status of sojourn, and shall hinder the immigration control of foreigners.

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