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(영문) 대구지방법원 2017.07.18 2017고단3239
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 who operates C business places for the purpose of processing motor vehicle parts in the Gyeongbuk-si B in the Gyeongbuk-si.

In employing foreigners, no person shall employ any person not having the status of sojourn eligible for employment under the Immigration Control Act.

Nevertheless, from February 6, 2017 to April 26, 2017, the Defendant employed 14 persons, such as D of the four arms who did not have the status of stay for employment as shown in the list of crimes attached to the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of each notice of decision on examining an immigration offender, a list of illegal foreigners, a certificate of employment of foreigners, C business registration certificate, and an inquiry into entry or departure from Korea;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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. The number of illegal stay workers employed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is not specified as 14 persons. However, the number of illegal stay workers employed by the defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is the primary offender. The recognition of the crime of this case is contrary to the mistake, and the period of work of illegal stay workers is relatively short, and all other sentencing conditions, including the defendant's age, sex, environment, motive and circumstance of crimes, and the circumstances

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