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(영문) 대구지방법원 김천지원 2017.06.29 2017고단30
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant operates entertainment points in the name of "E" in the Gu and American City D.

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 foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from October 20, 2016 to December 7, 2016, the Defendant employed F, a foreigner who did not have the status of stay as an employee engaged in entertainment at the said establishment, and had the said establishment provide entertainment services in combination with customers. Moreover, the Defendant employed 13 foreigners who did not have the status of stay eligible for employment as an employee engaged in entertainment from October 11, 2016 to December 7, 2016, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of Part XIII to a copy of the accusation, notice of decision on examining an immigration offender, list of aliens, and written statement of foreigners, and comprehensive records of entry into and departure from the Republic of Korea;

1. Relevant Article of the Act, Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the observation and observation of protection, the number and period of service of foreigners employed for the reason of sentencing under Article 62-2 of the Social Services Criminal Act, the fact that foreigners were subject to fines from 2015 to 2016 due to the same kind of crime, and the fact that they were reoffending, even if they were subject to fines from 2015 to 2016, and other conditions of sentencing, including the Defendant’s age

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