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(영문) 수원지방법원 2013.05.22 2013고단87
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

In employing foreigners, no person shall employ any person who does not have the status of sojourn eligible for employment as prescribed by the Immigration Control Act.

Nevertheless, the Defendant employed Vietnamese (E) who did not have status of stay in C operated by the Defendant in Gyeonggi-do, from November 25, 2010 to November 7, 2012, and from August 18, 2011 to November 7, 2012, the Defendant employed Thailand F (G students, women) who did not have status of stay.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the examination and decision notice;

1. Relevant Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense, 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. There is no particular criminal history other than fine to the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, and the crime of this case, although the crime of this case has employed long-term foreigners, the scale of the business is small-scale self-employed, the defendant is against himself and all of the crimes are recognized.

It is so decided as per Disposition for the above reasons.

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