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(영문) 부산지방법원 동부지원 2020.02.06 2019고정649
출입국관리법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B은 부산 수영구 C에서 ‘D’이라는 상호로 인력공급업체를 운영하는 사람이고, 피고인 A은 위챗 등을 이용하여 중국인 근로자를 모집한 후 업체에 소개하는 일을 하는 사람이다.

B and Defendant A (hereinafter referred to as “Defendants, etc.”) knew that they need workers to build the horses again at the Busan District Fishing Village Association E-Gun in Busan, and offered them with good offices to the above fishing village fraternity after arranging their Chinese workers recruited by Defendant A to divide the fees.

1. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall arrange or solicit the employment of a person not having the status

Nevertheless, on May 7, 2019, the Defendant et al. conspiredd to arrange the employment of 10 workers who did not have the status of sojourn eligible to engage in job-seeking activities from May 7, 2019 to June 16 of the same month, such as arranging the employment of F of Chinese nationality, which did not have the status of sojourn eligible to engage in job-seeking activities, to work at the drying site.

2. A person who intends to conduct domestic fee-charging job placement services in violation of the Employment Security Act shall register with the Governor of the Special Self-Governing Province or the head of Si/Gun/Gu having jurisdiction

Nevertheless, the Defendants conspired to conduct fee-charging job placement services without being registered.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. The accusation of each immigration offender and the immigration status of individuals;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 94 subparag. 10 and 18(4) of the Immigration Control Act, and Article 30 of the Criminal Act concerning brokerage business for employment of foreigners who have no status of sojourn;

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