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(영문) 제주지방법원 2018.10.26 2018고단863
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

When a foreigner intends to find a job 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 a person who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant, on October 14, 2017, entered Jeju-do as Jeju-do-do-free certificate (B2-2), and employed B (B) (B) a Chinese national foreigner, who did not obtain the status of stay eligible for job-seeking activities, at the intervals of KRW 90,000 per day from November 15, 2017 to February 18, 2018, employed the Defendant at the intervals of KRW 90,000 per day from November 15, 2017, and then worked in the field located in Seopopo City-si D, and then employed 90,000 per day of the Chinese national foreigner, who did not obtain the status of stay eligible for job-seeking activities as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation of receipt of wages and eight other parties E and a written statement;

1. Application of Acts and subordinate statutes to written accusation and written confirmation of employment of foreigners;

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

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. It is necessary to strictly punish the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act on the suspension of execution in that there is a great social harm, such as the mass production of illegal aliens who abuse the Jeju-do-doless certificate system.

There are a few number of foreigners employed by the defendant.

However, considering the fact that the defendant recognizes the crime and reflects on the fact that there is no record that the defendant has been punished for the same kind of crime, or that there is no record of punishment heavier than the fine, and other all the circumstances that are conditions for sentencing, such as the age, environment, and circumstances after the crime, the punishment shall be determined as ordered.

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