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(영문) 인천지방법원 2018.12.06 2018고단7420

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not less than one year and 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 arrange or solicit the employment of foreigners who have no status of sojourn eligible for employment activities as a business.

On December 2, 2016, the Defendant: (a) entered into the qualification for visa exemption (B-1) and arranged employment of foreigners who do not have the status of stay for job-seeking activities on the condition that they receive two million won or more in the introduction fee for illegally employed to the “LHAE” located in Incheon, the J (J) of the nationality of Kazak-kin, J (K) of the Republic of Korea; and (b) introduced the said establishment to the said establishment; and (c) from that time until February 2017, the Defendant arranged employment of foreigners who do not have the status of stay for job-seeking activities on the condition that they receive two million won or more per single referral fee per alien, as shown in the list of crimes in the attached Table from February 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each protocol concerning the examination of suspect of the police against M, J or N;

1. A written accusation;

1. Application of a copy of each investigation report to statutes;

1. Relevant Article of the Act and Articles 94 subparag. 10 and 18 subparag. 4 of the Immigration Control Act regarding criminal facts, the choice of imprisonment, and the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. The sentencing guidelines are not set for a violation of the Immigration Control Act. The sentencing guidelines are not set. The defendant's crime of this case for one year and six months of imprisonment, and two years of suspended sentence is difficult to manage the entry and departure of foreigners of the Republic of Korea, and as a result, may cause various social problems, such as illegal stay in Korea, etc., and the defendant has three times the criminal history of the same crime, even though he was under suspension of execution at the time of the crime of this case, and the crime is deemed to go to the crime of this case without being aware of it, and the nature of the crime is not good.

However, the defendant recognized the crime of this case, and is accompanied by the Philippines.