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(영문) 대전지방법원 2013.06.12 2013고정718
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who actually operated a stock company B.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities in the Republic of Korea.

From September 15, 201 to September 25, 2012, 201, two foreign corporations, including D(E), and F(Gs), of Chinese nationality, entered into a contract to pay KRW 65,000 per day, even though they knew that they are not eligible to stay in the Republic of Korea, to pay KRW 65,000 per day, while having knowledge of the fact that they are not eligible to engage in employment activities in the Republic of Korea, employed two foreign corporations without status of stay for 11 days per year.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing foreign employment certificates;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

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

1. Articles 70 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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