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(영문) 울산지방법원 2017.09.13 2017고단1576

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, from October 31, 2016 to February 7, 2017, the Defendant employed 11 foreigners who are not capable of engaging in job-seeking activities, such as the entry in the list of crimes in the attached Table, to E, who does not have a legitimate status of stay to engage in job-seeking activities at “D” entertainment points in the operation of the Defendant in Ulsan-gu C and the third floor of Ulsan-gu, and to whom he did not have a legitimate status of stay to engage in job-seeking activities at “D” entertainment points.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A written statement (list 6 of evidence);

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 2);

1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing): The confession and the depth of the confession, and the first crime without any previous conviction;

(a) Unfavorable circumstances: The fact that an alien without status of sojourn appears to have employed such foreigner as a contact loan and include a considerable sales.

In addition, the sentencing factors, such as the defendant's age, sex, environment, and motive of crime, shall be determined as per the order.