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(영문) 수원지방법원 안산지원 2016.10.18 2016고정993
출입국관리법위반
Text

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

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a member-gu packing box manufacturing company C located in Ansan-si, and Defendant B is a representative of the above Co., Ltd. and operates it.

1. Where a foreigner who is a defendant B intends to work in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from September 30, 2015 to November 25, 2015, the Defendant paid 150,000 won a monthly salary for each of the four (4) members, including D(E, South (G), F (G, South), H (I, South), and J (K and South) who are born born in illegal stay.

2. The Defendant Company A, a representative of the Defendant, employed 4 employees, who are the Thailand in illegal stay, as described in paragraph (1) regarding the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements in the police interrogation protocol regarding Defendant B

1. Each statement of D, F, H and J;

1. A certificate of foreign employment;

1. Accusation of immigration offenders and a written review and decision by the Ministry of Justice;

1. The application of Acts and subordinate statutes to recognize the employment of illegal aliens who sent to investigation officers for three months by the suspect B, such as a report on investigation (the receipt of a reference witness and telephone conversations with the Incheon Immigration Office), a report on investigation (the message for confirmation of employment facts), a request for cooperation in business, and a report on request for cooperation in business, and an

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A corporation: Article 99-3 subparag. 2, Article 94 subparag. 9, and Article 18(3) of the Immigration Control Act; selection of fines

B. Defendant B: Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act; selection of fines

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

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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