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(영문) 수원지방법원 안산지원 2020.06.11 2019고단4883
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

[Criminal Power] On October 18, 2019, the Defendant was sentenced to imprisonment with prison labor for six months for the violation of the Immigration Control Act at the Ansan District Court’s Ansan Branch, and the said judgment became final and conclusive on April 14, 2020.

【Criminal Facts】

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

Nevertheless, from June 26, 2019 to October 1, 2019, at the 'C' 'C' 'C operated by the defendant in Ansan-si member B and the second floor of Ansan-si from Jun. 26, 2019, the defendant has a total of 150,000 won and Mali-gu 150,000 won every three months, without the legitimate status of stay eligible for employment.

To pay 10% of the amount, employment was made as an employee of the Marina business establishment.

Summary of Evidence

1. Before ruling a defendant's written accusation, written opinion, written opinion, written notice of review and decision, each immigration offender's written notice of review and decision: Application of Acts and subordinate statutes, such as confirmation, etc. while committing similar offenses and pending trials;

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 concerning facts constituting an offense, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act and the former part of Article 39 (1) of the Criminal Act for concurrent crimes;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Social Service Order under Article 62-2 of the Criminal Act is that the defendant employed the female of the birth state without the status of employment sojourn on or around April 2019 as a crime employed by him/her on or around June 2019 and employed the female of the birth state without the status of employment sojourn status as stated in the judgment of the court of the first instance in the period of September 2019, whose crime was again rendered in the judgment of the court of Suwon-won Branch Branch of the first instance at around September 2019, and thus, the crime is considerably poor. On the other hand, the defendant recognized his/her mistake and reflects all, while the judgment becomes final and conclusive, the equity between the cases where the judgment was rendered simultaneously with the crime on April 2019, and the same criminal record as that of the first instance court at around April 2019 shall be considered.

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