beta
(영문) 대구지방법원 2016.11.17 2016고단4628

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who manufactures synthetic resin with the trade name of "D".

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

The defendant from April 1, 2016 to the same year.

8. Until August 8, 201, by entering the manufacturing industry (E-9-1) from 'D' to 'E' to 'E-9-1 August 8, 2011, employment of 9 foreign nationals of Cambodia who were illegally staying in the country of Do, including employment of Cambodian nationality F (ma, 26 years old) whose sojourn period expires as shown in the attached list of crimes, respectively, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes to a notice of examination and decision of immigration offenses, illegal employment list, employment confirmation certificate, foreign statement, business registration certificate, and comprehensive records inquiry of persons related to entry and departure of foreigners;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are not considerable in the number of illegal aliens employed by the defendant is disadvantageous.

However, in light of the favorable circumstances, such as the fact that the defendant has no record of punishment outside of the scope of a fine on one occasion, the fact that the defendant recognized the crime in this case and reflects the mistake, the fact that the human resources shortage caused by the Korean employment evasion seems to have been the cause of the crime in this case, and the working period of illegal aliens is not relatively short, the defendant's age, character and conduct, environment, motive or circumstance of the crime, and all other sentencing conditions, including the defendant's age, character and conduct, motive or circumstance after the crime, etc.