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(영문) 대전지방법원 2020.09.09 2020고단2811
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 6,00,000 won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

On May 7, 2020, A was sentenced to 8 months of imprisonment and 2 years of suspended execution for fraud, etc. at the Daejeon District Court on May 7, 2020, and the above judgment was finalized on May 15, 2020.

Defendant

A is the representative of the electric set manufacturing company B in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the defendant corporation B is a corporation established for the purpose of the business of manufacturing pentart.

1. The defendant A shall not employ any foreigner who does not have the status of sojourn eligible for employment activities;

From October 17, 2019 to November 28, 2019, the Defendant employed 8 foreigners who have the status of non-professional employment (E-9) with the status of non-professional employment (E-9) that makes it impossible to engage in job-seeking activities at the monthly salary of KRW 1,400,000 per month and the packaging of electric sets, etc. as shown in the attached list of crimes, and employed 8 foreigners who have the status of sojourn that cannot engage in job-seeking activities as shown in the attached list of crimes.

2. Defendant B, a representative of the Defendant, employed a total of eight foreigners who did not have the status of sojourn eligible for employment as referred to in the above paragraph (1), thereby violating the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. Each statement;

1. Information on foreigners’ stay, and registered foreigners’ card;

1. A certificate of registered matters of corporation;

1. Business registration certificate;

1. Previous convictions in judgment: To report criminal investigations and to apply Acts and subordinate statutes as a result of criminal investigations;

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

(a) Defendant A: Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act.

(b) Defendant B: Subparagraph 2 of Article 99-3 of the Immigration Control Act, Article 94 Subparag. 9 of the Immigration Control Act, and Article 18(3) of the same Act

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

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

1. Defendant A: Recognizing the instant crime under Article 62(1) of the Criminal Act;

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