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(영문) 대구지방법원 2016.09.02 2016고단3255

출입국관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person who operates a mobile phone manufacturing company with the trade name of “C” from the Gyeongbuk-gun B and 3th floor of Gyeongbuk-gu.

1. No person shall employ any foreigner who has no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, the Defendant from April 5, 2016 to the same year.

5. Between February 20, 2015, D, a national of Cambodia, who had no status of stay to engage in job-seeking activities upon expiration of the period of stay on December 20, 2015, was employed in “C”.

In addition, the Defendant employed 13 foreigners who did not have the status of stay to work 13 times, such as the list of crimes in the attached list of crimes.

2. No person shall employ any foreigner who fails to obtain permission to change his/her workplace;

Nevertheless, the Defendant from April 10, 2016 to the same year.

5. Between February, 500, a corporation shall work in IMT.

On March 18, 2016, E, a national of Cambodia, who did not obtain permission to change his/her workplace after withdrawal, was employed in “C”.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of an immigration offender, examination and decision of a decision on an immigration offender, notification thereof, list of illegal foreigners, certificate of employment of foreigners, written statement, business registration certificate, inquiry into comprehensive records of immigration-related persons, each investigation report, alien registration record card, and report on the occurrence of changes in the number of employment

1. Relevant laws concerning criminal facts, the choice of punishment, and Articles 94 subparagraph 9, 18 (3), 95 subparagraph 6, and 21 (2) of the Immigration Control Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration that there is a penance, that there is no record of punishment for the same kind of crime, and that there are some circumstances to consider the circumstances leading to the crime);