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(영문) 부산지방법원 2016.01.18 2015고단8842

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a company C's site site site in which the defendant had been performing a steel reinforced concrete construction work in the old 2BL multi-family housing site in Busan Seo-gu B apartment house.

On December 29, 2014, the Defendant employed China-China, who had been staying at the construction site above, as a prison transport seal, during the period of stay, as well as 52 foreigners, who had been subject to the period of stay or are not eligible to engage in job-seeking activities, from around May 31, 2015, respectively, as shown in the list of crimes in the attached Table, from around May 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation or accusation;

1. A copy of the certificate of employment of foreigners, a copy of the certificate of foreign workers, a copy of the certificate of business registration, a copy of the certificate of employment, a certificate of organization type foreigners, etc., a notice of employment of non-issuance of a certificate of employment of foreigners, a list of foreign workers in the Dispute Resolution Co., Ltd., a copy of passport, and the application

1. Article 94 of the relevant Act on criminal facts and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act on the selection of punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is deemed to have been committed by the Defendant from December 29, 2014 to May 21, 2015, by taking account of the period of the crime, the number of illegal employees, etc., and the nature of the crime is not weak.

However, considering the fact that the defendant is against the defendant, there is no criminal record exceeding the same kind and fine, the fact that the defendant inevitably employs the above foreigner in light of the business conditions of the defendant, and other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment shall be determined as ordered.