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(영문) 춘천지방법원 강릉지원 2018.07.05 2018고단424

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six 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

No person shall employ any foreigner who does not have the legitimate status of sojourn eligible for employment activities.

Nevertheless, in the East Sea, the Defendant entered 10 persons, such as D, etc. of the nationality of Thailand, who entered the Republic of Korea as a qualification for exemption from visa exemption (B-1), rather than sojourn eligibility for employment at the “C” entertainment week operated by the Defendant on B underground in B in the East Sea, and employed 7 persons, such as E, etc. of the nationality of the Republic of Korea, and 17 persons, a total of whom are illegally staying, as entertainment workers, from January 20, 2018 to April 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notices of the accusation charge, accusation of immigration offenders, written opinion, examination decision by the Ministry of Justice, written confirmation on employment of foreigners, business registration certificate, copy of business permission, and written notice of decision on

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime shall be determined by comprehensively taking into account the following circumstances and the various conditions of sentencing as indicated in the instant pleadings, including the circumstances after the crime, etc., and the sentence shall be determined as ordered.

A favorable circumstances: The fact that one’s mistake is against himself, and that there is no record of punishment exceeding the fine: The crime of this case is an act to impair the effectiveness of the immigration control policies of the Republic of Korea and to disrupt the employment market by employing foreigners who do not have the status of sojourn eligible for legitimate job-seeking activities, and there is a need for punishment corresponding thereto; the defendant again commits the crime of this case even if he was punished by a fine for the same kind of crime in 2015.