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(영문) 대구지방법원안동지원 2020.08.25 2020고단63
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

If a foreigner intends to work in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, on October 1, 2019, the Defendant entered the rice field and field B, etc. with a short-term general (C-3) stay status in the field and employment of 48 foreigners who have no legitimate stay status as stated in the separate sheet from October 1, 2019 to October 28, 2019, who are not eligible to work in the Republic of Korea as they were in illegal stay, and thus are not eligible to work in the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each 48 statement, including C;

1. A written accusation, a written notice of examination and decision; and

1. Application of Acts and subordinate statutes on the certificates of employment of foreigners, detailed inquiry into immigration records, and individual immigration status;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the Act on the Selection of Punishment, etc. concerning the relevant criminal facts, the selection of fines;

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. Employment of foreigners without the status of sojourn eligible for the sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict control as it obstructs the normal flow of the employment market and promotes the illegal stay of the relevant foreigners. The number of the employed foreigners is not much.

On the other hand, the defendant recognizes all crimes and reflects them.

It is difficult to take into account the circumstances of the employment of foreigners temporarily due to lack of damages to harvest crops.

There is no record that the defendant was punished for the same crime.

. The above.

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