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(영문) 수원지방법원 2017.05.11 2017고정520
출입국관리법위반
Text

Defendants shall be punished by 6 million won each.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company established and operated for the purpose of production, sale, trade, etc. of plastic spatching in Plastic City, and the defendant A is a representative director who operates the above company.

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

Nevertheless, from July 5, 2016 to September 20, 2016, the Defendant employed five foreigners who did not have the status of sojourn eligible for employment, such as the entry in the list of crimes attached hereto, as the condition that monthly salary of KRW 1,600,000, who entered the company as above, shall be paid monthly salary of KRW 1,600,000.

2. Defendant B Co., Ltd. employed 5 foreigners who did not have the above sojourn status as to the Defendant’s business at the above time, place, and the Defendant’s representative.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on accusation of an immigration offender (including a written notice of decision on examining an immigration offender, written confirmation of employment of a foreigner, and written statement);

1. Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act, and Article 99-3 Subparag. 2, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act, and Article 99-3 Subparag. 9, and Article 18(3) of the Immigration Control Act;

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

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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