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(영문) 의정부지방법원 2017.07.17 2017고단2269
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative of “F” located in Gyeonggi-do, is a person who manufactures furniture parts.

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

Nevertheless, from October 15, 2009 to April 11, 2017, the Defendant employed 33 foreigners who do not have the status of sojourn eligible to engage in employment activities, such as the entry in the list of crimes in the attached Form, by hiring at KRW 1,50,000 per month G (H. birth and south) of Chinese nationality, which is not eligible to engage in employment activities at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act or subordinate statute stated in each written opinion, examination decision, written recognition of suspected facts, written confirmation of employment of foreigners, business registration certificate, written notice of decision on examining an immigration offender, and written notice;

1. Article 94 subparag. 9 and Article 18(3) of the former Immigration Control Act (Amended by Act No. 10282, May 14, 2010); each of the former Immigration Control Act (Amended by Act No. 11224, Jan. 26, 2012); Article 18(3) of the Immigration Control Act; each of the former Immigration Control Act (Amended by Act No. 12195, Jan. 7, 2014); Article 18(3) of the Immigration Control Act; each of the Immigration Control Act (Amended by Act No. 12195, Jan. 7, 2014); each of the Immigration Control Act (Amended by Act No. 14106, Mar. 29, 2016); Article 18(3) of the Immigration Control Act; Article 94 subparag. 9, and Article 18(3) of the Immigration Control Act; and selection of each of the Immigration Control Act.

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. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances favorable to the reasons for sentencing) lies in the employment of a foreigner who is not qualified to be employed, and there are three times the number of foreigners and foreigners who are employed for a considerable period of time.

Such crimes encourage illegal stay of foreigners, thereby impairing the function of immigration control in Korea and impairing social stability.

The defendant is a national.

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