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(영문) 대전지방법원 2017.10.26 2017고단3199

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who operates a marina business with the trade name “D” in Seo-gu Daejeon.

On November 19, 2016, when the Defendant was prohibited from employing any foreigner who does not have the status of stay eligible for employment activities, the Defendant employed the status of stay eligible for employment activities by entering the Republic of Korea as a short-term stay status (Visa exemption, B-1) and who did not support the status of stay eligible for employment activities.

From November 19, 2016 to March 27, 2017, the Defendant employed 12 foreigners who did not have the status of stay to work over 12 times at the above establishment, as described in the list of crimes in the attached Table, respectively.

2. The Defendant is a person who operates a marina business with the trade name “G” from Daejeon Jung-gu F and the third floor.

On March 1, 2017, when the Defendant was prohibited from employing a foreigner who does not have the status of sojourn eligible for employment activities, the Defendant employed the H of the Thailand nationality, which did not have the status of sojourn eligible for employment activities, by entering the Republic of Korea as a short-term sojourn status (Visa exemption, B-1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made to K in the police statement;

1. Each written statement of L, M, N,O, and E;

1. A written accusation against an immigration offender;

1. A written accusation;

1. Investigation report (I and K Survey);

1. Investigation report (D Magazine control case);

1. Investigation report (Commencement of Investigation by Illegal Employment Business Entity by Foreigners) - Three copies of evidential pictures, three copies of searching bio-information, four copies of urgent beams, seven copies of notice of review and decision of an immigration offender, and two copies of the decision of examination;

1. A criminal investigation report (Attachment to the entry or departure record, a suspect A who illegally employs the suspect) - seven copies of the entry or departure status of each individual;

1. Investigation report (the rectification of the crime following the arrest of the National Police Agency of Incheon, "O"), one copy of the notice of review on an immigration offender, and immigration jurisdiction.