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(영문) 춘천지방법원 2017.11.01 2017고정252
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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, as an actual employer who operates Taewon-gu, Yangyang-gu, Seoul, was employed in the Republic of Korea by the Defendant. If a foreigner wishes to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment as prescribed by Presidential Decree, and no person shall employ a person who does not have the status of sojourn eligible for employment, he/she shall pay the amount of KRW 1.1 million per month from February 1, 2017 to March 7, 2017 to pay the amount of KRW 1.1 million per month from February 1, 2017 to the date of March 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on accusation of any immigration offender (in particular, a certificate of employment of foreigners who are classed, a written E, a detailed inquiry according to the entry or departure records, and a comprehensive inquiry of persons related to entry or departure);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the number of persons employed by the defendant or employment period, the criteria for the determination of penalties under the former Enforcement Rule of the Immigration Control Act (amended by Ordinance of the Ministry of Justice, Aug. 16, 2017), and all other circumstances, including the defendant’s age, sex, sex, environment, motive and background of the crime, circumstances after the crime, criminal punishment (limited to the minor fine and the record of criminal punishment) and all other circumstances constituting the conditions for sentencing as shown in the argument of the instant case, shall be determined as per the disposition.

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