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(영문) 서울동부지방법원 2018.04.12 2018고단240
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the operator of the “C” Mabro business establishment located on the first floor of Songpa-gu Seoul Metropolitan Government B.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person who has no such status of sojourn.

Nevertheless, the Defendant, from November 3, 2017 to November 24, 2017, employed 10,000 (10,000,000 won per month from June 3, 2017 to November 24, 2017, i.e., 10 (10,000,000 won per month) at the place of the said “C” (hereinafter referred to as “C”), who was not granted status of stay, and employed 10,000 won, from June 3, 2017 to November 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation of the Incheon Airport Immigration Management Office;

1. Each statement;

1. A notice of decision on examining each immigration offender;

1. Application of a certificate of employment of foreigners, business registration certificate statutes;

1. Article 94 of the relevant Act on criminal facts and Articles 94 subparagraph 9 and 18 (1) of the Immigration Control Act regarding the selection of punishment;

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

1. In full view of the following circumstances and other records of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following conditions of sentencing.

It is against the fact that the defendant has a record of the same kind of fine twice.

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