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(영문) 인천지방법원 2019.01.31 2018고단9454

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. A foreigner who has an illegal stay may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn, and shall not sojourn beyond the limits of his/her sojourn status or period of sojourn;

Nevertheless, on April 26, 2016, the Defendant continued to stay in the Republic of Korea without departing from the Republic of Korea, even though the period of stay expires as of July 25, 2016, after entering the Republic of Korea as a foreigner of the nationality of Thailand under the qualification for visa exemption (B-1).

2. No person shall arrange or solicit the employment of a person having no status of sojourn eligible for employment activities, by means of illegal employment mediation;

The Defendant recruited Thailand who wanting to work in Korea using C, etc., and arranged employment of Thailand who did not have the status of sojourn eligible to work 65 times in total, as indicated in the attached Table of Crimes, from the above date to November 16, 2018, to arrange for employment of Thailand who entered Korea as a qualification for visa exemption (B-1) around April 11, 2018.

As a result, the Defendant conspiredd with D, etc. to arrange the employment of those who do not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. A specific output of personal information, which is an illegal employment attitude related to the details of each H dialogue;

1. Application of Acts and subordinate statutes to the output of the current status of entry or departure of each individual (illegal employment)

1. Article 94 Subparag. 7 of the Immigration Control Act, Article 17(1) of the Immigration Control Act (the point of illegal stay), Article 94 Subparag. 10 of the Immigration Control Act, Article 18(4) of the Immigration Control Act, Article 30 of the Criminal Act (the point of illegal employment mediation, including the point of illegal employment mediation) and Article 17 of the same Act, the choice of imprisonment.