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(영문) 제주지방법원 2020.01.17 2019고단2042

출입국관리법위반

Text

A defendant shall be punished by imprisonment for one year.

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

If a foreigner intends 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 foreigner who has no such status of sojourn as above.

The Defendant cultivated citrus, marus, poppy, capital reduction, etc. at a farm up to approximately 50,000 square meters before Seopo-si B, and employed 20 foreign nationals of Chinese nationality, who had no status of sojourn available for job-seeking activities from February 11, 2019 to July 27, 2019, as part of the above farm, from September 23, 2017 to July 27, 2019, who had no status of sojourn available for job-seeking activities as shown in the list of crimes, as part of the above farm.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the prosecution;

1. The statement written by the police officer in charge of the special judicial police officer;

1. Each description of the statements in the draft D, E, F, G, H, and I;

1. Each investigation report prepared by the prosecution (in Korean style, attaching a list of foreign employees with the name of Korean style attached / Full Certificate of Registered Matters) shall be written (including attached documents);

1. Statement on accusation of immigration offenders prepared by the Commissioner of the Immigration Office of the Ministry of Justice (including attached documents);

1. Each entry into the detailed entry or departure record, each entry into the immigration offender's written notice of review or decision;

1. Application of each video statute of each passport photograph;

1. Relevant Article and each point of judgment on the choice of punishment for the facts constituting an offense: Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes with the punishment stipulated in the sequence 17 of the list of crimes in the attached Table with the largest judgment), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;