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(영문) 인천지방법원 2020.05.18 2020고단553
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of 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 status of sojourn eligible for employment.

Nevertheless, the Defendant operated a marina business with the trade name of “Cmast branch” from the Southern-gu, Incheon Metropolitan City from September 27, 2019 to September 30, 2019, on condition that eight employees, who were not eligible to be employed at the said business place, are additionally paid KRW 4,000 per hour per day, to KRW 50,000 per 50,000 per day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of Thailand;

1. Application of immigration Acts and subordinate statutes to individuals;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act, each of the applicable laws and the choice of punishment for the crime (or choice of imprisonment, in consideration of the circumstances of the recidivism immediately after the crackdown on the crime of the same kind

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 on probation (it shall be taken into account the circumstances in which the defendant had no same record at the time of committing the instant crime, and reflects his mistake);

1. Social service order under Article 62-2 of the Criminal Act;

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