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(영문) 광주지방법원 2017.12.07 2017고정1712
출입국관리법위반
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a Dmaz business from Guro-gu Seoul Metropolitan Government fourth floor.

In employing foreigners, no person shall employ any person without the status of sojourn eligible for employment under the Immigration Control Act.

Nevertheless, from September 14, 2014 to December 1 of the same year, the Defendant paid the remuneration of KRW 140,000 per month to five (5) employees, each of whom is “E (F), G (n), H (n), I (n), K (n), M (n, N) and five (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation (a written notice of decision on examining an immigration offender and a written statement);

1. Article 94 Subparag. 9 and Article 18(3) of the former Immigration Control Act (Amended by Act No. 14106, Mar. 29, 2016); the choice of fines for criminal facts; and the choice of fines for negligence

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

Defendant has difficulties in maintaining his/her livelihood.

D. Unfavorable circumstances: It is necessary to strictly punish such crimes in light of the legislative intent of the Immigration Control Act to resolve the instability in the domestic employment market due to the inflow of unqualified foreigners through the regulation on employment activities and status of stay by foreigners, and to efficiently manage human resources for labor.

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