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(영문) 대전지방법원 2020.04.09 2019고단4099
출입국관리법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 10,000 won shall be one day.

Reasons

Criminal facts

Defendant

A is the representative of the “stock company B” located in Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant “stock company B” is a corporation established for the purpose of manufacturing and selling bread, rice tea, etc.

1. When intending to employ a foreigner A, a person having the status of sojourn eligible for employment in Korea shall be employed under the conditions as prescribed by the Presidential Decree;

Nevertheless, the defendant from June 30, 2019 to the same year.

8. up to July 1, the above place of business employs 11 foreigners who do not have the status of stay that does not have the legitimate status of stay for job-seeking activities, including employment of Pakistan (Nam and E) nationality, as described in the separate list of crimes, as well as who do not have the status of stay that does not enable job-seeking activities.

2. The Defendant B, a representative, committed the act of violation as provided in paragraph (1), at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A foreigner's statement;

1. A certificate of employment of foreigners;

1. Application of the Acts and subordinate statutes to the investigation report (the entire registration matters of corporation B);

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act; Article 94 subparagraph 2 of the same Act; Article 99-3 subparagraph 9 of the same Act; Articles 94 subparagraph 9 and 18 (3) of the same Act; and Article 18 (3) of the same Act;

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

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are all recognized as crimes of this case, and they are against the defendants, the defendants have no same criminal record, and the period of employment of foreigners is not sufficient to reach a maximum amount of time, and all other circumstances shown in the records and arguments of this case, including the defendant A's age, character and conduct, environment, motive and means of crime and consequences, and circumstances after the crime.

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