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(영문) 서울중앙지방법원 2020.06.09 2020고단1638

출입국관리법위반

Text

A defendant shall be punished by imprisonment for one year.

except that 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 “C” and “F” for marina business establishments located in Songpa-gu Seoul Metropolitan Government B and five floors, and operates the Songpa-gu D buildings and marina business establishments located in subparagraph (e), and employs foreigners of Thailand as marina branch offices and operates business.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn above

From the end of April 2019 to November 12, 2019, the Defendant employed six women of Thailand’s nationality who did not have the status of sojourn eligible for employment as a marina branch from the end of April 2019 to the end of November 2019, as well as from the end of April 2019 to November 12, 2019, the Defendant employed six women of Thailand’s nationality who did not have the status of sojourn eligible for employment, such as the list of crimes, as shown in the attached list of crimes, as a marina branch.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, I, J, K, L, and M;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (execution of a search and seizure warrant, and reporting on the crackdown on and attached materials to immigration offenders);

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Act is not that of the accused in light of the period during which the accused operates a marina business, the size and employment method of employed foreign workers, methods and contents of running marina business, etc.

The defendant has been punished for the same criminal records.

However, the fact that the defendant recognizes the crime of this case and reflects it, and all other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances and result of the crime of this case, etc.