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(영문) 대구지방법원 김천지원 2017.07.13 2017고단500

출입국관리법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is operating the “C” as the processing company of electronic parts in the Gu and America.

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, from January 10, 2017 to March 20, 2017, the Defendant employed 12 foreigners who did not have the status of sojourn eligible for employment as shown in the list of crimes in the attached Table, including the Defendant’s entry into “C” as non-professional employment (E-9-1, and manufacturing) from “C” operated by the Defendant and did not leave the Republic of Korea by the expiration date and did not leave the Republic of Korea until the expiration date.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry into the written accusation, written notice of decision on examining an immigration offender, each written statement, and comprehensive records of persons related to entry or departure;

1. Application of contract contracts, lease contracts, specifications of transactions, details of each transaction, tax invoice, business registration certificate, certified copy of registry, and Acts and subordinate statutes;

1. Relevant Article of the Act, Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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. Number and period of service of foreigners employed for the reason of sentencing under Article 62(1) of the Criminal Act, as well as overall circumstances such as the motive and background of the crime, age of the accused, sexual conduct, and circumstances after the crime;