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(영문) 의정부지방법원 고양지원 2015.09.04 2015고단1226
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall employ any foreigner who has no qualification to sojourn in the Republic of Korea to engage in employment activities.

From June 5, 2013 to December 18, 2014, the Defendant employed the D’s nationality of Indonesia with the monthly salary of KRW 1,300,000,000, which did not have the capacity to engage in job-seeking activities in C manufacturing b, who manufactured berer in Pakistan, from around June 5, 2013 to December 18,

In addition, the Defendant employed five foreigners who were not qualified to engage in job-seeking activities in the aforementioned way five times from June 5, 2013 to December 18, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to file an accusation against an immigration offender, each statement of employment, and each notice of decision on examining an immigration offender;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order was to employ foreign workers who are not eligible to work, thereby hindering the normal flow of the employment market, and the period of employment was relatively long, and the employer did not pay a penalty of KRW 12 million.

There is no record that the defendant has been punished for the same crime, and there is only the record that he has been punished for a fine once for the crime of this kind.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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