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(영문) 의정부지방법원 2015.07.17 2015고단1841

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

The defendant is a person who operates a salt processing company with the trade name of "D" in Scheon City C, and no one shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from November 1, 2014 to January 28, 2015, the Defendant employed H of the Lao nationality, an illegal alien, from May 11, 2014 to January 28, 2015, from March 19, 2014, from March 28, 2014 to January 28, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an immigration offender, accusation, written decision on examination, business registration certificate, each written statement, and written decision on examining an immigration offender;

1. Article 94 of the Immigration Control Act and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act, the selection of applicable criminal facts, and imprisonment with prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The person who committed the instant crime continuously even though he/she was well aware of the fact that the foreigner without status of sojourn should not be employed because of the control around July 2014 of the same criminal records (two times of fines) and around the same kind

In light of the favorable circumstances: the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime, etc. for the above reasons.