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(영문) 대구지방법원 2016.09.22 2016노1566

출입국관리법위반

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Although the lower court erred by misapprehending the legal doctrine on the violation of the Immigration Control Act from January 2014 to April 2014, 2014, the Defendant had the instant foreigner (E) provide visitors to the instant foreigner from January 2014 to April 2014, and employed the said foreigner as an entertainment worker without status of sojourn, this is the same as the Defendant was punished by Daegu District Court 2014 high group 1959 and the Defendant was punished. Accordingly, the facts charged in this part should be acquitted.

B. The Defendant, as to the violation of the Immigration Control Act from February 2, 2015 to April 10, 2015, provided the instant foreigner (E) with his/her residence from February 2015 to April 10, 2015, and did not employ the foreigner as an entertainment worker during the said period.

2. The Defendant, in the instant charges from January 2014 to April 2014, and from February 2015 to April 10, 2015, entered E (hereinafter “the instant foreigner”) with the qualification of artist (E-6) of art and entertainment at the entertainment shop “D”) operated by the Defendant in Daegu Northern-gu C and the second floor twice through two times, from around February 2015 to April 10, 2015, provided that the Defendant was employed as an entertainment worker without the status of stay for the said kid female as a partner by guiding the foreigner to the room where there are non-personal men in the name, who found the foreigner in the instant case at the same time, to drink with alcohol as a partner and let them provide entertainment to customers through music or dancing.

3. Determination

A. Determination of the lower court as to the assertion of misapprehension of the legal doctrine (as to the facts charged from January 2014 to April 2014), the lower court determined the lower court. According to the evidence duly admitted and examined by the lower court, the lower court found the Defendant guilty on July 8, 2014, that “The Defendant, according to the evidence duly admitted and examined by the lower court, issued a judgment that “four foreign women who had no status of stay from January 27, 2014 as entertainment workers, employed four foreign women who had no status of stay as entertainment workers” on July 16, 2014, and that the said judgment was final and conclusive on July 16, 2014, and that the facts were not included in the criminal facts for which the said judgment became final and conclusive, and thus, the said judgment is recognized.