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1. The sentence against the accused shall be 2,500,000 won;
2. The defendant does not pay the above fine.
Reasons
Punishment of the crime
On March 27, 2015, the Defendant leased D warehouses, accommodation, etc. located in Thai-gun, Thai-gun, Chungcheongnam-do to use them for a dry and dry business site by destroying D warehouses, accommodation, etc. from the aforementioned D representative E.
No person shall employ a person who has no status of sojourn eligible for employment activities under the Immigration Control Act.
Nevertheless, from August 2, 2015 to November 1, 2011 of the same month, the Defendant employed Vietnamese foreigners who do not have the status of stay that allows them to engage in job-seeking activities at the above workplace, by paying KRW 40,000 per day to KRW 45,00 per day, and who do not have the status of stay that allows them to engage in job-seeking activities, such as the list of crimes in the attached Table.
Summary of Evidence
1. Legal statement of witness G;
1. Statement made by the police with H;
1. Each Vietnamese statement;
1. The defense counsel and the defendant employed foreigners as stated in the attached Form on the assertion of the foreigner registration record slip and the defendant
I argue that it cannot be seen.
Employment is established when one of the parties has agreed to provide labor to the other party (employer) and the other party has agreed to pay remuneration therefor (Article 655 of the Civil Act). Employment is established by agreement of the parties, and no method is required for this.
According to the above evidence, it can be acknowledged that the defendant made an oral agreement to pay remuneration for providing labor with foreigners listed in the attached Form. Thus, the employment contract was concluded.
It is reasonable to view it.
Whether labor has been actually provided is a civil issue such as termination of an employment contract already established, and it does not affect the establishment of a violation of the Immigration Control Act.
The defense counsel and the defendant shall not be accepted.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;