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(영문) 수원지방법원 2015.02.12 2014고단6601

출입국관리법위반

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A employed the Defendant as the representative director of the automobile parts manufacturing chain Co., Ltd., and the Chinese nationality D, who did not have the status of sojourn eligible for employment on October 13, 2014, to a simple labor position of KRW 200,000 per month. Around that time, the Defendant employed a person who does not have the status of sojourn eligible for employment as shown in the attached list of crimes.

2. Defendant B’s representative director, Defendant B’s Defendant Company, employed a person who does not have the above status of sojourn that 22 persons are entitled to engage in job-seeking activities.

Summary of Evidence

1. Defendant A’s legal statement

1. Each statement;

1. Each notice of decision on examining an immigration offender, written accusation, written decision on examination and decision, and written confirmation of foreign employment;

1. Application of Acts and subordinate statutes of the corporate register [Defendant A];

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

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation [Defendant B]

1. Article 99-3 subparagraph 2 of the Immigration Control Act, Article 94 subparagraph 9 of the same Article, and Article 18 (3) of the same Act concerning the facts constituting an offense;

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

1. It is highly likely that the employment market would disrupt the order of the employment market by employing foreigners who are not qualified for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and that there is a great risk of creating a blind spot in the social security system based thereon.

In full view of the scale, size, relationship with the actual workers, etc. of the instant crime, each corresponding sentence shall be imposed.