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(영문) 대구지방법원 2019.06.05 2019고단778

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 manufacturer company with the trade name “C” in Yongcheon-si B.

A person is prohibited from employing a person who does not have the status of sojourn eligible for employment activities. However, from July 2, 2018 to July 16, 2018, the Defendant employed nine foreigners who did not have the status of sojourn eligible for employment activities, such as the above D, from around July 2, 2018 to around March 15, 2018, entering the above “C” office as visa exemption (B-1) and employed the D (E) of the nationality of Kazakhstan who did not depart from the Republic of Korea from April 14, 2018, the expiration date of the stay, and employed nine foreigners from June 1, 2017 to July 16, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation note, written opinion, notification of decision on examining an immigration offender, copy of business registration certificate, certificate of foreign employment, copy of subcontract agreement, copy of delivery quality guarantee contract, copy of the contract, and copy of illegal

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommending sentencing criteria: Whether the sentencing criteria are not set;

2. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

The crime of this case was committed with nine foreigners who are not eligible for sojourn status illegally, and there is a concern that there is a concern about disturbing immigration order and taking the labor force of foreigners who are difficult to be protected by domestic law, and some foreigners are employed for a period of one year, etc.