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(영문) 의정부지방법원 2018.07.19 2018고정858

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal records] On April 4, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution due to property damage at the Daejeon District Court on April 4, 2018, and the above judgment became final and conclusive on April 12, 2018.

[Criminal facts]

1. From around December 2016 to May 2017, the Defendant employed two foreigners, including China’s nationality D (D, Eves), F (F), G (G) and one hundred and fifty thousand won per day, who did not have the status of stay to engage in job-seeking activities at the construction site located in Jeju-si and C from May 2017.

2. Around May 21, 2017, the Defendant: (a) called the instant construction site with a cell phone to “B” two Chinese nationals D, F, etc. who illegally staying in Korea by the end of May 2017; and (b) ordered H to use the said two foreign nationals as workers at the H’s construction site; and (c) recommended H to arrange and recommend the employment of foreigners who do not have the status of sojourn eligible for employment, by allowing H to use the two foreign nationals as workers at the H’s construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to D or F;

1. Application of each immigration-related statute (D, F);

1. Article 94 subparagraph 9 of the relevant Act on the facts constituting an offense, Article 18 (3) of the Immigration Control Act (the employment of foreigners without status of stay), Articles 97 subparagraph 1, 18 (4), and 18 (1) of the Immigration Control Act (the employment of foreigners without status of stay), the selection of each fine for negligence;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the defendant employs two foreigners who do not have the status of stay for a considerable period of time and arranges and solicits others to employ such foreigners, and the nature of the crime is not weak.

On the other hand, however, the fact that the defendant is committed against himself while committing the crime, there is no record of punishment for the same crime, and the judgment on the record of the crime in the ruling becomes final and conclusive.