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(영문) 수원지방법원 안산지원 2020.02.13 2019고단4197
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall employ any foreigner having no status of sojourn eligible for employment in the Republic of Korea.

Nevertheless, from August 12, 2019 to March 13, 2019, the Defendant employed the Da, E, and F3 of the nationality of Thailand who did not have a legitimate status of stay for employment, as an employee of the relevant marina business establishment, on condition that the Defendant would pay KRW 50,000 per day.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A written notice of examination and decision on each immigration offender;

1. Application of the written opinion statutes;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended execution include the following: (a) the accused has been punished for a violation of the Medical Service Act (a fine of one million won in 2004), (b) the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (a fine of one million won in 2009, August, 2009, and two years of suspended execution); (c) the accused has been a criminal record related to the operation of a marina business establishment; on the other hand

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