출입국관리법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is a person who engages in mining farming with the trade name “C” located in B at the time of leisure.
1. The Defendant, from March 23, 2020 to April 21, 2020, employed a foreigner who does not have the status of sojourn eligible for employment as shown in the list of annexed crimes, as well as employment of a person who enters the Republic of Korea as a short-term visit (C-3) and stays in the Republic of Korea as a short-term visit (C-3).
2. The Defendant, from April 17, 2020 to April 21, 2020, entered the Republic of Korea as a seafarer (E-10) qualification and employed the F of Vietnam’s nationality (E, 34 years old), G ( South, and 28 years old) to work in the said “C” without obtaining permission to change or add his/her workplace from the Minister of Justice.
Summary of Evidence
1. Application of Acts and subordinate statutes to a written accusation of an immigration offender in the legal statement of the accused, a written confirmation on employment of foreigners, a business registration certificate for the list of foreigners employed by the accused;
1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act (the employment of foreigners without status of stay), Article 94 subparagraph 13 of the Immigration Control Act, and Article 21 (2) of the Immigration Control Act (the employment of foreigners who have not been permitted to change their place of work) concerning facts constituting an offense, the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. In light of the following circumstances: (a) the number and employment period of foreigners employed by the defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution; (b) the defendant’s age, sex, environment, family relationship; (c) criminal history; (d) the background and result of the instant crime; and (e) the circumstances after the commission of the crime, etc., various factors of sentencing indicated in the records, such as the defendant’s age, sex, sex, environment, family relationship; and (e