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(영문) 대전지방법원 홍성지원 2019.10.29 2019고정69
출입국관리법위반
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C cafeteria” in Hongsung-gun B.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and even if he/she has obtained the status of sojourn, the foreigner shall not work at any place other

From September 7, 2018 to November 7, 2018, the Defendant employed women D(Es) and F(G) of Thailand’s nationality as a host assistant employee at a restaurant located in Chungcheongnam-gun Hong-gun B operated by himself.

However, the above two Thai women employed by the defendant are foreigners who are not entitled to engage in job-seeking activities.

Accordingly, the defendant employed a person who does not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Application of the Acts and subordinate statutes in detail to the long-term foreigner immigration records;

1. Article relevant to the facts constituting an offense, and Articles 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of various sentencing factors such as the number and period of foreigners without the status of sojourn employed by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the age, criminal records (not including the same type of force), and the environment, the amount of fine under the summary order shall be determined as excessive, and thus, the fine shall be determined accordingly.

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