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(영문) 제주지방법원 2013.10.24 2013노217
출입국관리법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal did not know at the time of employment of D, that the Defendant was an illegal Stayer, and believed that the documents necessary for employment had been carried out by the following. Therefore, there was no intention.

The punishment of the lower court (fine 1.5 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, the Defendant, prior to the judgment on the grounds for appeal by the Defendant, denied the facts charged in this case, and thus, the decision of the court below to judge by the summary trial procedure is unlawful. Accordingly, the decision of the court below that the court below decided to judge by the summary trial procedure pursuant to Article 286-3 of the Criminal Procedure Act was revoked, so the judgment of the court below is no longer maintained

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, based on the conclusion of the decision, and the following is again decided after pleading.

[C] The criminal defendant is a person who operates a restaurant "C" in Jeju City.

In employing foreigners, no person is allowed to employ a person who does not have the status of sojourn eligible for employment as prescribed by the Immigration Control Act. However, as of November 4, 2009, the Defendant employed D and Ein as an employee of the above restaurant “C” with the status of stay as of November 18, 2012 from July 18, 2012 to October 16, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police concerning D;

1. According to each of the above evidence on the grounds of conviction against an immigration offender, D, China, at the expiration of the status of stay as of November 4, 2009, was an illegal stay, and the Defendant operating a restaurant, employed D as a simple labor worker in charge of the location of the restaurant for three months from July 18, 2012 to October 16, 2012. As such, D is employed.

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