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(영문) 대구지방법원김천지원 2020.09.10 2020고단642

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment drinking house under the trade name of “C” in the Gumi-si B.

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

Nevertheless, from October 3, 2019 to December 9, 2011 of the same year, the Defendant employed a national of Thailand who did not have the status of sojourn eligible to work in the said entertainment drinking house as an entertainment reception reception worker at the said place of origin, as well as 14 foreign nationals who did not have the status of sojourn eligible to work as shown in the separate crime list from October 3, 2019 to December 9, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements, etc.;

1. Application of the written accusation, the list of the foreigners employed by the defendant, the business registration certificate, and the long-term stay foreigner Acts and subordinate statutes;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has a record of being punished by a fine for the same kind of crime in 2019; the number and period of the foreigner employed in violation of the Immigration Control Act; the defendant’s age, character and behavior, environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined by comprehensively taking into account all the conditions of the sentencing as