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(영문) 의정부지방법원 2019.02.13 2018고단5421
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is operating a business of processing Cheongba in the name of “C” in both weeks.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from September 18, 2018 to October 18, 2018, the Defendant employed 9 foreigners who did not have the status of stay as shown in the attached list of crimes, including employment of 1.3 million won as an employee under the condition that the Defendant would pay 'D', a Thailand, as an employee, at the above 'C' office from around September 18, 2018 to 1.3 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to accusation an immigration offender, written decision on examining and examining an immigration offender, written opinion, written opinion, written confirmation on employment of a foreigner, written copy of business registration certificate, solar statement, each employment statement, and written notice of decision on examining

1. Relevant Article of the Immigration Control Act and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Selection of Imprisonment with prison labor), each of which is applicable to facts constituting an offense;

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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The circumstances are disadvantageous to the defendant, such as that the number of foreigners employed by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act is not considerable.

However, the defendant's mistake is recognized and seriously reflected, and the defendant is the primary offender who has no criminal record, and the defendant has determined the punishment like the order in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various conditions of sentencing, such as the circumstances after the crime.

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