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(영문) 인천지방법원 2016.11.04 2016고정1034
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On March 3, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for fraud at the Incheon District Court, which became final and conclusive on March 11, 2016.

【Criminal Facts】

The Defendant, as the president of the last place of a marina business (sexual traffic) with the trade name of the “C” located in 404 and the “E” located in the Nam-gu Incheon Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, the Defendant operated the said business together with F, the actual president.

No person shall employ a person who has no status of sojourn eligible for legitimate job-seeking activities.

Nevertheless, the Defendant, along with F, was aware that G, a member of job placement hub G, and the member of the Thailand, introduced by H and I, had no status of sojourn eligible for job-seeking activities, by entering the Republic of Korea as a visa exemption (B1), but employed a foreigner who had no status of sojourn eligible for employment for 150,000 won per day from March 30, 2015 to May 30, 2015, as indicated in the “crime list” between around that time and July 24, 2015.

Accordingly, the defendant in collusion with F and illegally employed 15 women who are the above-born female who are not legally qualified for employment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Each police officer's statement of J, L, M, and N;

1. Written statements of theO, P, Q, R, S, T, U,V, W, X, and Y;

1. Previous convictions in judgment: Results of case search, application of Acts and subordinate statutes;

1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the same Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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

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