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(영문) 대구지방법원 김천지원 2014.05.22 2014고단298

출입국관리법위반

Text

A defendant shall be punished by imprisonment for four 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 the representative of C in Gu and Si B.

From May 1, 2013 to November 19, 2013, the Defendant employed 24 foreign nationals who did not have the status of sojourn eligible for employment as shown in the separate crime list, as employees, from May 1, 2013 to November 19, 2013, who did not have the status of sojourn eligible for employment as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The head of Daegu Immigration Office;

1. A written opinion of the F for Immigration Control;

1. 24 copies of the alien's statement;

1. 24 copies of various immigration records of foreigners;

1. Application of Acts and subordinate statutes to investigation report (as to the classification of status of stay);

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 for the crime, 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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution in that employment of foreigners without the status of stay is not only disrupt the order of entry and departure, but also it is necessary to deprive them of the opportunity for employment of Koreans and foreigners residing in the Republic of Korea, and provokes the exploitation of illegal aliens or their crimes. However, there is no reason to consider the circumstances of crime in that it is difficult for them to seek workers in a small business entity with poor working environment, but it is difficult to take into account the fact that it is difficult to find workers in a small business entity