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(영문) 제주지방법원 2019.10.23 2019고단1758

출입국관리법위반등

Text

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

except that 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

1. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall arrange or solicit the employment of a person who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant leased a house in B and Seopopopo City C and a house in D in the same time as E, and offered to Chinese residents illegally recruited by E, etc. the amount of KRW 150,000 per month in return for the provision of the above house as a lodging place, and arranged employment to the above illegal aliens, and as a result, conspired to divide the specified amount of the wage he received as a commission.

In collusion with the above B, the Defendant arranged F to work at the construction site where the illegal aliens of Chinese nationality, who did not have the status of sojourn eligible to engage in employment activities in the above accommodation from December 2018, and arranged employment of those who did not have the status of sojourn 11 as indicated in the list of crimes, such as payment of the remaining KRW 70,000 to the above F.

2. A person who intends to conduct fee-charging job placement services in Korea in violation of the Employment Security Act shall register with the Governor of Special Self-Governing Province or the head of Si/Gun/

Nevertheless, the defendant, without registering, conducted domestic fee-charging job placement services in collusion with B as provided in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect B; and

1. A copy of each police statement made to G, H, I, and J;

1. A copy of each statement of K, L, M, N,O, P, F, Q, and R;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 Subparag. 10 of the Immigration Control Act and Articles 18(4) and 18(1) of the Act on the Selection of Criminal Facts;