beta
(영문) 의정부지방법원 2018.09.07 2018고단3200

출입국관리법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who operates C, which is an entertainment restaurant exclusively for foreigners, in Dongbcheon City B.

From March 11, 2018 to March 20, 2018, the Defendant employed 12 foreigners who do not have the status of stay for job-seeking activities from March 11, 2018 to March 20, 2018, including employment of D (E) who do not have the status of stay for job-seeking activities from February 17, 2018 to March 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender;

1. A copy of the statement of reference witnesses concerning the F;

1. Written confirmation of the F preparation;

1. A written statement of each Thailand;

1. A notice of decision on examining an immigration offender;

1. Written review and decision;

1. Application of statutes on business registration certificates;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in the violation of the Immigration Control Act concerning Attached Crimes No. 12 of the List of Crimes with the largest penalty);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders is an employee of 12 foreigners who have no status of sojourn for employment. The employment of foreigners who have no status of sojourn for employment is in need of heavy punishment in terms of promoting the illegal stay of foreigners in the Republic of Korea and impairing the nation’s immigration control function. The number of foreigners employed due to the crime of violating the Immigration Control Act is not a large number of foreigners employed due to the crime of violating the immigration control of this case, and the Defendant has committed the same entertainment shop from December 21, 2017 to January 4, 2018, and there is a record of receiving a penalty payment by the competent administrative agency.

However, the defendant has led to confession and reflect on the crime of this case.