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(영문) 대구지방법원서부지원 2020.08.27 2020고단769

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operates the “C” main points in Daegu-gu B and the second floor.

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

Nevertheless, around November 2, 2019, the Defendant employed 18 foreigners who do not have the status of sojourn available for job-seeking activities, who enter the said establishment as G-1 (application for refugee status), as a contact loan, and had them work until December 11, 2019. From that time, up to December 21, 2019, the Defendant employed 18 foreigners who did not have the status of sojourn available for job-seeking activities as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of Acts and subordinate statutes to the immigration offender, accusation, written opinion, written notice of review and decision, written notice of review, written confirmation on employment of foreigners, business registration certificate, foreigner computer inquiry and foreigner registration card, and the status of entry

1. Article 94 Subparag. 9 of the Immigration Control Act and Articles 18(3) of the same Act, the choice of punishment for an offense, 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 suspended execution (including the fact that the defendant recognizes the crime of this case, and the defendant has no criminal records subject to the heavier punishment or punishment than the fine, which exceeds the previous punishment or punishment);