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(영문) 부산지방법원 동부지원 2020.01.08 2019고단1954

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a marina business with the trade name of “C” from the Southern-gu B and the second floor of Busan.

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and shall not employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, from July 18, 2019 to September 16, 2019, the Defendant employed four foreigners who did not have the status of sojourn eligible for employment as indicated in the following crime list, including employing D of the motherland nationality, who did not have a legitimate status of sojourn eligible for employment, as a massage.

A summary of the evidence of G-1 on September 16, 2019, 1D 1D 1 of the employment status of the employment source during the period of employment of a person committing a crime, i.e., a one-year period of employment of the Defendant on July 18, 2019 - C- B-12 E on September 16, 2019 - July 15, 2019 - C- B-13 F on September 16, 2019 - August 15, 2019 - G B-14 H on September 16, 2019 H on September 10, 2019 - G-16 September 16, 2019

1. Defendant's legal statement;

1. A written notice of examination and decision;

1. A certificate of employment of foreigners;

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

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

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

1. The number of foreigners on the grounds of sentencing under Article 62(1) of the Criminal Act, each period of employment, the type of employment of foreigners, the degree of benefits earned by the accused by employing foreigners, the degree of punishment of fines for the same kind of offense at a similar time, and other factors of sentencing, including the age, character and conduct and environment of the accused, shall be determined as ordered by taking into account the following factors: