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(영문) 수원지방법원 2019.01.17 2018고정1747
출입국관리법위반
Text

Defendants shall be punished by a fine of 6,000,000 won.

Defendant

A does not pay the said fine.

Reasons

Punishment of the crime

1. Defendant A is the representative of the manufacturing chain B, such as type light equipment in the fluor C, and the person operating the said company.

No person shall employ any person who has no status of sojourn eligible for employment activities.

However, from May 18, 2018 to June 11, 2018, the Defendant employed four (4) Thailand who did not have the status of stay that could engage in job-seeking activities, such as the entry in the separate list of crimes, by paying KRW 110,00 per day D, which is an origin of visa exemption (B-1) sojourn status, rather than the status of stay that could engage in job-seeking activities in the above company.

2. A, the representative of Defendant B Co., Ltd., committed a violation as described in paragraph 1 in relation to the Defendant’s business at the date and place specified in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to each foreigner's statement;

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 (Selection of Fines);

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

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

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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