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(영문) 제주지방법원 2019.01.14 2018고단879

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six 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

Defendant is a person who cultivates in the Buddhist land of Jeju Special Self-Governing Province and is engaged in agriculture.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any foreigner who has not obtained the said status of sojourn.

Nevertheless, the Defendant employed 60,00 won per day from January 28, 2017 to January 29, 2018 under the condition that B, a foreigner of the People’s Republic of China’s nationality, who entered the Republic of China’s sojourn qualification for non-employment visa B-2 (B-2) without employment qualification, and employed 10 of the total number of foreigners of the People’s Republic of China’s nationality, who are not eligible for employment, as shown in the attached list of crimes, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of an immigration offender, or a written notice of examination or decision;

1. Application of Acts and subordinate statutes to a Chinese name list for the defendant, each written statement of employment;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor (in cases where the number of illegal employees reaches ten persons and one of them reaches one year, it shall be considered that the period of one of them reaches one year, and that one has prepared a lodging place, etc.);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of the fact that it reflects the sex, the fact that there is no criminal record for the same kind of crime, and the defendant is not a bromoer but a person who embrosins