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(영문) 의정부지방법원 2014.09.29 2014고단2837
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

The defendant was in charge of frying work at the construction site of the Gyeong Young-gun, Chungcheongnam-gun.

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

Nevertheless, on March 17, 2014, from around May 7, 2014 to around May 7, 2014, the Defendant employed five foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, including employment of workers who enter Vietnam as a tourism (C-3-2) with a qualification to engage in job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (C and four others);

1. A written accusation;

1. Application of Acts and subordinate statutes, such as registered foreigners' records;

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, respectively;

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 Criminal Act of the suspended sentence is against the defendant's awareness of the facts of the crime, and the fact that there is no other penalty force than the fine prior to the crime of this case is considered as favorable circumstances and the result of the crime of this case, after considering the circumstances after the crime, the defendant's age, character and conduct, family environment, etc., the decision is delivered as per the disposition above.

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