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(영문) 수원지방법원 2018.02.01 2017고정3285
출입국관리법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant with a trade name, “C,” in G and 107.

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

Nevertheless, from November 1, 2016 to April 30, 2017, the Defendant employed D, China, who did not have the status of sojourn eligible for employment at the said establishment, as a condition of 4 hours per day and 7,000 won per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. A written employment statement of D;

1. Application of Acts and subordinate statutes for accusation and public notice;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act reflects the defendant's wrong recognition of his/her fault, and the crime of this case is deemed to have employed foreign students on a part-time basis, and the defendant appears to have failed to closely verify his/her employment eligibility. After the crime of this case, there are circumstances to consider the circumstances of the crime, such as deeming that the defendant could employ foreign students on a part-time basis, and it appears that he/she would have employed foreign students on a part-time basis by obtaining permission for employment on a part-time basis from the head of immigration control office pursuant to the relevant Acts and subordinate statutes after the crime of this case. The fact that there is no record of punishment for the same kind of crime, etc., the punishment as set

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