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(영문) 의정부지방법원 2016.08.25 2016고단2902
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates the "C" of a file producer in two weeks.

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

1. From February 1, 2015 to March 23, 2015, the Defendant entered the said place of business as a non-professional employment (E9-3) on July 20, 2010, and employed the Defendant to pay 100,000 won a monthly remuneration to other persons whose whereabouts are unknown on September 11, 2014.

2. From February 1, 2015 to March 23, 2015, the Defendant entered the said place of business as a non-professional employment (E9-3) on March 18, 2008 at the said place of business, and employed the Defendant by paying the Defendant’s remuneration of KRW 1 million per month upon the expiration of the period of stay on March 18, 2009.

3. From February 1, 2015 to March 23, 2015, the Defendant entered the same place of business as the license for visa exemption (B-1) on March 5, 2014 at the same place of business, and employed another person who illegally stays in the same place of business on June 3, 2014 at the expiration of the period of stay to pay the F of his/her nationality KRW 100,000 per month.

4. From March 19, 2015 to March 23, 2015, the Defendant entered the same place of business as the visa exemption (B-1) capacity on September 11, 1997 at the said place of business, and employed the Defendant to pay the G of nationality KRW 1,100,000 per month upon expiration of the period of stay on December 11, 1997.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each Thailand;

1. A certificate of employment of foreigners;

1. A notice of decision on examining each immigration offender;

1. A written accusation and a written notice;

1. Each registered list of foreigners' records;

1. Employment permit for foreign workers; and

1. The application of Acts and subordinate statutes for inquiries into immigration records and comprehensive records of immigration persons;

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. The Defendant committed the instant crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, which is the criminal case of the provisional payment order.

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