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(영문) 대전지방법원 천안지원 2020.02.20 2019고단3272
출입국관리법위반
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Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B located in Asan City, and the defendant corporation B is a corporation established for the purpose of manufacturing and selling machinery and parts facilities.

1. The defendant A shall not employ any foreigner who does not have the status of sojourn eligible for employment activities;

The Defendant employed 10 foreigners who do not have the status of stay that does not have a legitimate status of stay to engage in job-seeking activities at the same place of business as the Defendant’s employee, including the employment of 170,000 won monthly wage from July 30, 2019 to October 16, 2019, and the employment of 10,000 won per month from October 30, 2019.

2. The Defendant B, as indicated in the foregoing paragraph (1), employed 10 foreigners who did not have the status of stay to engage in job-seeking activities as indicated in the attached list of crimes, as the representative director, on the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of the employee;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation ( telephone statement hearing at Immigration Office);

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 9 of Article 94 and Article 18 (3) of the Immigration Control Act (Selection of Fines);

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the number of workers employed by the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the period of employment, the motive for committing the crime, and the fact that the defendant A was the initial offender

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