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(영문) 대구지방법원 2019.05.02 2019고단917
출입국관리법위반
Text

Defendant

A Imprisonment for six months, and Defendant B’s agricultural partnership shall be punished by a fine of seven million won.

However, the defendant A.

Reasons

Punishment of the crime

The defendant is the representative of B farming association in Cheongbuk-do, Cheongbuk-do, and the defendant B farming association is a corporation established for the purpose of processing and exporting mushroom-related agricultural products.

1. In employing a foreigner, no person who has no status of sojourn eligible for employment as prescribed by the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment as prescribed by the said Act;

Nevertheless, from December 31, 2018 to January 15, 2019, the Defendant employed seven persons, such as Vietnamese, who did not have the status of stay for employment as shown in the list of crimes, from the above B farming association to the above B farming association.

2. Defendant B, the representative of the Defendant’s agricultural partnership Defendant B, committed the same offense as the set forth in the preceding paragraph with respect to the Defendant’s business.

Summary of Evidence

1. Statement of each of the accused in court;

1. The suspect interrogation protocol of the defendant A by the police;

1. E statements;

1. Notice of examination and decision of an immigration offender;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act, and Article 94 subparagraph 2 of the same Act, Article 99-3 subparagraph 9 of the same Act, Article 94 subparagraph 9 of the same Act, and Article 18 (3) of the same Act, each of whom is applicable to Defendant B who selects imprisonment:

1. The Defendants, on the grounds of the suspended sentence (Defendant A) Article 62(1) of the Criminal Act, employed a person who does not have the status of sojourn eligible for employment even before and sentenced to a fine of seven million won, thereby committing the same crime. In addition, even though they had the record of being sentenced to a fine of seven million won, the Defendants are not less complicated.

However, the defendants recognized the crime of this case and expressed their name against the defendant A's age, character and conduct, environment, and the size, location, and form of work of the defendant B, etc. shall be equally considered to be punished as ordered.

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