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(영문) 수원지방법원 성남지원 2016.04.22 2015고단2940

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

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

1. Nevertheless, from May 16, 2015 to October 10, 2015, the Defendant employed F, who had no status of stay for job-seeking activities while operating business establishment D and 201 of Seongbuk-gu, Sungnam-gu, Sungnam-si, and 201 of the second floor, “E”, as a performance-based branch office, 10% of the monthly wage of KRW 1.3 million and the rate of KRW 1.3 million per Mag, respectively.

2. From August 11, 2015 to October 10, 2015, the Defendant employed 10% of the monthly salary of KRW 1.5 million and the rate of KRW 1,500,000 per Magin as a performance-based branch, G, which is an solar state with no status of stay to engage in job-seeking activities at the places specified in paragraph (1) from around August 11, 2015 to around October 10, 2015.

3. From September 18, 2015 to October 10, 2015, the Defendant employed 10% of the monthly salary of KRW 1 million and the rate of KRW 1,00,000 per math (1st) as a performance-based branch of marina branch, the Defendant, who was a mother country, who did not have the status of stay to engage in job-seeking activities at the place specified in paragraph (1) from around September 18, 201 to around October 10, 2015.

4. From September 25, 2015 to October 10, 2015, the Defendant employed 10% of the monthly salary of 1,400,000 won and the rate of 1,400,000 won per mace from September 25, 2015, the Defendant, who was a Thailand, who did not have the status of stay to engage in job-seeking activities at the places specified in paragraph (1), as a performance-based branch.

Accordingly, the defendant employed foreigners who did not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement;

1. Application of Acts and subordinate statutes to a written accusation or a written notice of decision on examining an immigration offender;

1. Article 94 subparagraph 9 of the relevant 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. The reason for sentencing under Article 62(1) of the Criminal Act is the number of illegal employees (four persons), the period of employment, and the period of probation.