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(영문) 대전지방법원 2019.10.25 2019고단3299

출입국관리법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who operates ‘Cmast' on the second floor located in Sejong B.

When any person desires to employ a foreigner, he shall employ in Korea a person having the status of sojourn eligible for employment in accordance with the Presidential Decree.

Nevertheless, from January 30, 2019 to March 26, 2019, the Defendant employed three persons, such as D(E, Female), F(G), H(I(I), etc. of the Thailand’s nationality, in which the Defendant did not have a legitimate status of stay to engage in job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

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

1. Accusation of immigration offenders and application of Acts and subordinate statutes governing employment of foreigners;

1. Article 94 Subparag. 9 of the Immigration Control Act (amended by Act No. 16344, Apr. 23, 2019); Articles 18(3) and 18(3) of the same Act regarding criminal facts; the choice of imprisonment

1. Of concurrent crimes, the fact that the defendant's mistake is recognized and reflected in the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes: Provided, That on May 26, 2017, the defendant was sentenced to a suspended sentence of two years for a period of ten months on the same crime, which led to the instant crime during the suspended sentence period; the defendant's age, character and behavior, environment, motive and circumstance of the crime; and all the conditions for the sentencing specified in the records and arguments of the instant case, including the circumstances after the crime, shall be determined as ordered by considering