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(영문) 제주지방법원 2019.07.24 2019고단942

직업안정법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 4, 2018, the defendant entered Jeju-do as a foreigner of Chinese nationality, and entered Jeju-do as Jeju-do tourism stay visa (B-2-2).

1. Any foreigner who violates the Immigration Control Act based on the degree of sojourn and sojourn may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period;

Nevertheless, as above, the Defendant entered the Republic of Korea through Jeju International Airport as a non-Visa tourism sojourn qualification and stayed in the Republic of Korea beyond the period of sojourn from October 4, 2018 to May 9, 2019, without departing from the Republic of Korea on October 4, 2018, the expiration date of the period of sojourn.

2. A person who intends to conduct a violation of the Employment Security Act under unregistered fee-charging job placement services or domestic fee-charging job placement services in violation of the Immigration Control Act shall register with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over the location of the principal place of business, and no person shall arrange employment of foreigners

Nevertheless, on November 2018, the Defendant does not register with the competent authority, arrange the employment of Chinese people who do not have the status of sojourn eligible for job-seeking activities through B advertisement using the Defendant’s mobile phone, and received approximately 12,500 bills ( approximately 2,90,000 won) in return from the broker of the trade name in the farm or restaurant where it is impossible to identify the trade name in Jeju-do from the broker of the Defendant’s mobile phone, and then arranged the employment of Chinese people who did not have the status of sojourn eligible for job-seeking activities as shown in the attached list of crimes from March 2019.

As a result, the defendant, without registering with the competent authorities, conducted domestic fee-charging job placement services, and mediated the employment of foreigners who do not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A written accusation;

1. Statement of D police statement;

1. Each E, F, G, H, and I.