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(영문) 제주지방법원 2017.11.16 2017고단1591

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person operating “C” in Jeju City B.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any foreigner who has not obtained the said status of sojourn.

Nevertheless, the Defendant, at the construction site of the E building in Seopopoposi, on condition that the Defendant would give F, a foreigner of the Republic of Korea of the Republic of China, who entered the Republic of Korea as a resident of the Republic of China, who entered the Republic of Korea as a sojourn certificate (B-2-2) without employment, KRW 90,000 per day, from January 1, 2017 to the same year

3. 22. A total of 13 foreign nationals of the Republic of China who are non-qualified for employment, including those employed up to 22.

Summary of Evidence

1. Statement by the defendant in court;

1. A notice of accusation or decision on examining an immigration offender;

1. Application of statutes on business registration certificates;

1. Relevant Article of the Act, Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act: All of the various conditions of sentencing specified in the argument in the instant case with the reason for sentencing under Article 62(1) of the suspended sentence shall be taken into account; in particular, the following circumstances reflects the following circumstances: The circumstances that have no record of committing a crime violating the same Act of the Immigration Control Act: the employment of an unqualified foreigner; and the employment of