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(영문) 창원지방법원 밀양지원 2018.09.20 2018고단415
출입국관리법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant is a person who operates an agricultural company C in Gyeong-gun, Gyeong-gun.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, around April 17, 2017, the Defendant agreed to pay the Si 6,470 won to eight persons, including D, E, F, G, H, I ( abnormal Vietnam nationality), J (Korean nationality), and K (Korean nationality), at the place of business of an agricultural company C, and not having a legitimate status of sojourn eligible for employment in the Republic of Korea, and employed foreigners who did not have a status of sojourn eligible for employment.

2. According to the records, the Defendant received a disposition of penalty of KRW 7 million from the Director of the Immigration Control Office on April 21, 2017 on the same facts as the facts charged and paid the same on May 8, 2017.

According to Article 106 of the Immigration Control Act, if an immigration offender pays the penalty in accordance with the notice, he/she shall not be punished again for the same case. This is recognized as effective as a final and conclusive judgment on the payment of penalty by the notice. Accordingly, the facts charged in this case fall under the final and conclusive judgment, and thus, is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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