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(영문) 서울중앙지방법원 2014.09.19 2014노1247
출입국관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In view of the following facts: (a) the Defendant’s summary of the grounds for appeal by the Defendant recognized the instant crime; (b) the Defendant entered the Republic of Korea in 2001 and currently is applying for naturalization; and (c) the Defendant is forced to leave the Republic of Korea under the Immigration Control Act if he/she is sentenced to a suspended sentence or a heavier punishment, the lower court’s sentence against the Defendant is too unreasonable.

2. However, in the case of this case, there is a need to strictly punish the defendant due to the high risk of causing social problems, such as where the defendant arranged a false visa application for 12 Chinese nationals while operating a human resource forwarding company, and arrange the employment of illegal aliens, and foreigners who obtained a false visa are likely to become illegal aliens.

Although the defendant is staying in the Republic of Korea since 2001 to become a citizen of the Republic of Korea, the procedures for naturalization are being followed, and even if the decision of suspension of execution becomes final and conclusive, if the nature of the crime of this case is unlikely to be forced under the Immigration Control Act, considering the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, it is not recognized that the sentence of the court below against the defendant is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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