(영문) 의정부지방법원 고양지원 2018.06.21 2018고단927



A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

The Defendant is an entertainment worker with the trade name of "C" on the Dongsan-gu B and the first underground floor in Goyang-si, Manyang-si.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by statutes, and no person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, between February 1, 2018 and February 21, 2018, the Defendant employed 10 foreigners in total who did not have the status of sojourn eligible for employment, such as the status of sojourn eligible for employment, as described in the list of crimes attached to the attached Table, as the employees of the above business establishment, who did not have the status of sojourn eligible for employment, by entering the Republic of Korea as a qualification for visa exemption (B-1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each foreigner's statement;

1. Application of Acts and subordinate statutes to each notice of decision on examining an immigration offender;

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

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of undermining the effectiveness of Korean immigration control policies and impairing the employment market by employing foreigners who do not have the status of sojourn eligible to engage in legitimate job-seeking activities, and there is a need for punishment corresponding thereto. The Defendant again committed the crime of this case even if he was punished by a fine for the same kind of crime in 2016, which is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant shall be considered as a favorable condition to the defendant.

In addition, the defendant's age, sex, family relationship, motive and circumstance of the crime.