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(영문) 대구지방법원 경주지원 2019.03.07 2018고단822

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual company “C” from the racing-si.

When a foreigner intends to work in the Republic of Korea, he shall obtain the status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, between July 30, 2018 and October 30 of the same year, the Defendant employed “C” as “C,” a total of 16 foreigners who do not have the status of sojourn eligible for employment as shown in the list of crimes committed in the attached Table, including that the Defendant employed D (E students, women, the expiration date of the period of sojourn, October 18, 2012) of the nationality of the Philippines that did not have the status of sojourn eligible for employment, and had them work in G (state) located in “C” when the racing entered into a contract with “C”, and had them work in F, from March 1, 2017 to October 30, 2018, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. A written accusation;

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

1. A contract agreement;

1. A certificate of foreign employment;

1. A written emergency protection;

1. Application of Acts and subordinate statutes on registered foreigners;

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 concerning facts constituting 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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not less exceptionally liable for the crime, such as interfering with the normalization of the employment market and promoting the illegal stay of the relevant foreigners.

In addition, there are many number of illegal workers.

Provided, That confession and reflect shall be made.

There is no record of punishment for the same kind of crime.

In addition, all the sentencing conditions, such as the motive and background of the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, are considered as the disposition.