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(영문) 수원지방법원 2019.02.14 2018고정1884
출입국관리법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person who operates B, a corporation that performs shower production work in Ssung City.

No person shall employ a foreigner who does not have the status of sojourn eligible for legitimate job-seeking activities, but the defendant paid KRW 220,000 per month from May 15, 2015 to February 24, 2018, a total of two years and nine months from the total of two years and nine months from the date of the execution of the wind voting.

2. A, the representative of Defendant B’s Defendant, committed a violation in relation to the Defendant’s business as prescribed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Written accusation and written opinion;

1. Application of Acts and subordinate statutes to the illegal employment name group, business registration certificate, certificate of employment of foreigners, and registered foreigners card;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (Selection of Fine): Defendant B, a stock company of the same type, and Articles 99-3 subparagraph 2, 94 subparagraph 9, and 18 (3) of the Immigration Control Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The period during which the Defendants employed a foreigner who did not have the status of sojourn eligible for employment activities in the sentencing of Article 334(1) of the Criminal Procedure Act is very long as 2 years and 9 months, etc. are disadvantageous.

However, the Defendants were unable to have an opportunity for correction through early control without a significant awareness of the illegality of the above employment act, and thus, the Defendants appears to have violated the law for a long time as seen above, and only one illegally employed foreigner, recognized his mistake and complied with the relevant laws and regulations in the future, and the punishment shall be determined as ordered by taking into account all the relevant sentencing conditions, including the motive and circumstance of the crime, and the circumstances after the crime.

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