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(영문) 대구지방법원 서부지원 2019.05.29 2018고단2507
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of three million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

The “stock company B” is a corporation established for the purpose of human resource supply business in the Gyeongbuk-gun Seoul, and the Defendant A is an internal director of the said corporation.

If a foreigner desires 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 status of sojourn eligible for employment.

Nevertheless,

1. Defendant A from January 2, 2018 to the same year

2. By December 23, 200, the Defendant’s management’s aforementioned “F” employed “D” of Vietnam’s nationality, who did not have the status of sojourn eligible for employment, and paid the amount of KRW 7,530 as a city price to pay KRW 7,530,00, and had the F engaged in the manufacture of rubber products engaged in the manufacturing of rubber products from “F” located in Seogu-gu

Accordingly, the defendant employed a foreigner who does not have the status of sojourn eligible for employment.

2. Defendant B, a representative, committed the act of violating the above paragraph (1) in relation to the Defendant’s business at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the written accusation, written notice of decision on examining an immigration offender, business registration certificate, certificate of foreign employment, and foreign industrial accident statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Article 94 Subparag. 9 of the Immigration Control Act and Article 18(3) of the Immigration Control Act;

(b) Defendant B: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act

1. Defendant A who has chosen the penalty: Imprisonment;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A had been sentenced to six months of imprisonment with prison labor at the Daegu District Court for the same crime and one year of suspended execution, but he again committed the crime of this case during the suspended execution period. However, it is necessary to strictly punish Defendants.

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