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(영문) 대구지방법원 경주지원 2017.07.20 2017고단227
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of two thousand won,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates Defendant B corporation in the racing city, and Defendant B corporation is a corporation established for the purpose of manufacturing automobile parts.

1. The defendant A shall not employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from January 15, 2017 to March 14, 2017, the Defendant employed 15 foreigners who do not have the status of stay as shown in the attached crime list, including employing the F of Chinese nationality, who is staying in the Republic of Korea as “qualification for application for visit (F11)”, by which the Defendant is unable to engage in job-seeking activities.

2. Defendant B Co., Ltd. had 15 foreigners who do not have the status of stay as described in the above 1. Paragraph (1) employed by Defendant B Co., Ltd. as its representative.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Application of Acts and subordinate statutes to the accusation ledger, copy of the decision on examining immigration offenders, copy of the decision on examining immigration offenders, copy of the certificate of foreign employment, copy of the business registration certificate, copy of the corporate registry, copy of the corporate registry, copy of each registered foreigner record, extension of the period of stay for foreigners in short-term service, statement, details of payment of wages, etc., electronic tax invoice

1. Article 94 subparag. 9 of the Immigration Control Act and Article 18(3) of the Immigration Control Act (Selection of Imprisonment with labor for each type of crime) for Defendant B: Articles 99-3 subparag. 2, 94 subparag. 9, and 18(3) of the Immigration Control Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) is to employ a foreigner who does not have the status of sojourn eligible for employment activities, and the foreigner having the status of sojourn and Korean nationals.

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