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(영문) 서울남부지방법원 2013.03.15 2013고단349
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has operated the manufacturing business under the trade name "D" in Geumcheon-gu Seoul Metropolitan Government C building B 211.

When a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any person who has no such status of sojourn as above.

Between November 15, 2012 and December 4, 2012, the Defendant employed 29 foreigners of the People’s Republic of China’s Republic of China’s nationality, who did not have the status of stay to enter the Republic of Korea as the status of general training (D-4) on June 21, 2011 and to engage in job-seeking activities as simple assembly members, as stated in the list of crimes committed in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation filed by the head of the Seoul Immigration Office;

1. Each notice of decision on examining an immigration offender;

1. Application of Acts and subordinate statutes concerning data on status of stay of foreigners;

1. Determination of fines under Article 94 subparag. 9 of the Immigration Control Act, Article 18(3) of the same Act, and Article 18(3) of the same Act concerning facts constituting an offense (to be selected by taking into account the following factors: (a) the number of foreigners employed illegally by the accused is so heavy that the liability for the offense is heavy; (b) there is no same record; (c) there is no record of serving a punishment heavier than that imposed; (d) the period of illegal employment

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

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

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