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(영문) 대구지방법원 서부지원 2019.06.20 2018고단2148

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a memorial farm, etc. in smuggling-si B, C, D through E, F, G, H through I.

If a foreigner desires to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any person who has no status of sojourn eligible for employment.

Nevertheless, the Defendant, from January 2016 to July 201 of the same year, employed and resided in the Thailand’s nationality, which does not have the status of sojourn eligible for employment in the plastic house located in the J of the Republic of Korea, and had the Defendant pay 40,000 won per day in the ancient farm, etc. operated by the Defendant to pay 40,000 won per day in the operation of the Defendant, and engaged in agricultural crops cultivation, such as ancient cities. From March 28, 2018, the Defendant paid 55 foreign nationals of Thailand’s nationality, who do not have the status of sojourn eligible for employment as shown in the list of crimes, to pay 40,00 won per day, and had them engage in agricultural crops cultivation duties, such as ancient cities.

Accordingly, the defendant employed a foreigner who does not have the status of sojourn eligible for employment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police (number 22,27, 32, 35 through 37, 39, 41, 46 through 49, 53, 54, 56);

1. A written statement (this order is 13 through 21, 23 through 26, 28 through 31, 33, 34, 36, 38, 40, 42 through 45, 50 through 52, 55, 57, 58);

1. Application of Acts and subordinate statutes on immigration offenders, such as a report on activities to control immigration offenders, a written emergency internment order, a written emergency internment order, a written confirmation of foreign employment, a vinyl dormitory photo, a written inquiry about immigration tax records, a written inquiry about L background photographs, vehicle photographs, registered foreigners' records, and personal immigration status, a deportation order, detailed inquiry into immigration records, lease contract, or immigration offender complaint;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment for the crime, and the choice of imprisonment;

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