beta
(영문) 대전지방법원 천안지원 2019.08.22 2019고단1148

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

From March 1, 2018 to April 22, 2018, the Defendant employed a total of five foreigners who do not have the status of stay to work as shown in the list of crimes in attached Form 20 to April 27, 2018, as a daily basis, on the condition that C (D) a foreigner of Vietnam, who is a foreigner of the Republic of Korea, who does not have the status of stay to work at the construction site of the New Airport B, is paid KRW 20-20,000,000 per day.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A notice of decision on examining an immigration offender and a report on acknowledgement of suspected suspicion;

1. Application of payment records of labor expenses for one day, and Acts and subordinate statutes; and

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act 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 grounds for sentencing under Article 62(1) of the Criminal Act for suspended execution are recognized as a whole and reflects the fact that there seems to be somewhat extenuating circumstances such as the background leading up to the commission of each of the crimes in this case. The Defendant again committed each of the crimes in this case despite the fact that he/she had been punished by a fine for the same kind of crime, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions specified in the arguments in this case shall be determined as ordered by the order.