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(영문) 서울중앙지방법원 2017.07.07 2017고단2895

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

When a foreigner intends to work in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, on February 10, 2012, the Defendant employed F, who is an illegal alien, to E and worked for the aforementioned factory from February 8, 2017, in operating the “E” factory in Namyang-si, Namyang-si, and employed 47 foreigners who are not eligible for domestic employment until February 8, 2017, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of the protocol concerning the examination of suspect concerning F by each prosecution;

1. Application of Acts and subordinate statutes to each investigation report (explosives, written statements, photographs, inquiries by aliens working for E, printed out of a list, search and inspection warrant, execution of search and inspection warrant, report on enforcement results, attachment of illegal employment records, records of illegal employment cases of foreigners, records of entry or departure, and total of 47 illegal employment records);

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment for a crime;

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. The provisions of the Immigration Control Act on the job-seeking activities and status of stay of foreigners for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act need to be observed; the accused confessions and reflects a crime; the circumstances leading to this case; the number of foreigners employed and employment period; the fact that there is no criminal record exceeding the fine; and the sentencing conditions indicated in the records, including the accused’s age, occupation, family relationship, and circumstances before and after the commission of the