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(영문) 춘천지방법원 2016.07.12 2016고단485

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from February 12, 2016 to February 23, 2016, the Defendant: (a) paid 2,300,000 won monthly salary; (b) was employed as a marina branch employee, who did not have the status of stay eligible for job-seeking activities in the “CMain Site” located on the Gangnam-gu B and the second floor of Gangseo-gu, Seoul; and (c) paid 1,300,000 won monthly salary.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Accusation of immigration offenders and application of statutes governing a certificate of employment of foreigners;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) and (1) 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act appears to be against the Defendant’s wrong conviction, and the illegal employment period of this case is relatively short, and the Defendant has no particular criminal history other than once before and after the fine of this case, etc. are factors for sentencing favorable to the Defendant.

Meanwhile, the Defendant committed the instant crime without being informed of each disposition of a penalty of KRW 6 million (Evidence No. 14) on October 28, 2014 due to illegal employment of foreigners, and a penalty of KRW 4.8 million on March 10, 2015 (Evidence No. 14). In addition, the Defendant’s employment of a foreigner who is not qualified for employment, such as the instant crime, by reducing the opportunity for employment of a national and a foreigner qualified for employment, and causing hindrance to the immigration management of foreigners, etc., which are disadvantageous to the Defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.