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(영문) 서울남부지방법원 2019.02.15 2018고단6073
출입국관리법위반
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A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in Gangseo-gu Seoul Metropolitan Government building B and the third floor with the trade name “C”.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from July 15, 2018 to July 19, 2018, the Defendant employed each of the following terms: D (n, 43 years of age), E (n, 42 years of age), F (n, 45 years of age), G (n, 42 years of age), H (n, 26 years of age) and H (n, 26 years of age) of Chinese nationality with the status of stay which is unable to work at the said marina business establishment, on condition that each customer grants 15,00 won per customer.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's certificate of foreign employment;

1. Application of Acts and subordinate statutes to a written accusation or a written notice of decision on examining immigration offenders;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant did not have any criminal record other than twice a fine; (b) the period in which the Defendant illegally employs foreigners and operates marina business is only five days; (c) the Defendant is led to confession and reflects; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the records and arguments of the instant case, including the circumstances after the crime, are considered as follows.

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