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(영문) 서울동부지방법원 2016.04.21 2016고단70

출입국관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

No person shall employ any foreigner who has no status of sojourn eligible for employment in Korea under the conditions as prescribed by the Presidential Decree.

From August 5, 2015 to September 16, 2015, the Defendant employed three (E, female,G life, female, I), and H (I) who did not have the status of stay to engage in job-seeking activities at the center of the trade name “C” located under the ground of Gwangjin-gu Seoul Special Metropolitan City (Seoul), and had them engage in marina business after employing three (E, female, G (G life, female, and I).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to accusation an immigration offender, a certificate of employment of foreigners, a business registration certificate, and a notice of decision on examining an immigration offender

1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) and Article 18 (1) of the same Act concerning the facts constituting an offense;

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 suspended sentence under Article 62(1) of the Criminal Act, even though there was a history of criminal punishment of a fine of KRW 6 million, once again committing the instant crime by another foreigner, shall be decided by taking into account the following: (a) the instant crime committed by another foreigner; (b) the Defendant, even if he/she received a prior notice of a penalty of KRW 6,500,000,000,000,000,000,0000,000,000,000,000,000,000,000,