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(영문) 울산지방법원 2015.04.30 2015고단150
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 a person who operated B to supply engine parts.

1. From August 10, 2012 to November 25, 2014, the Defendant employed 9 foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, including having employed 9 foreigners who did not have the status of sojourn eligible for employment as shown in B of the Defendant’s operation in Yangsan C, of the nationality of Sri Lanka who did not have the status of sojourn eligible for employment.

2. On April 28, 2014, from around November 25, 2014 to around November 25, 2014, the Defendant employed a foreigner who did not obtain permission to change or add his/her workplace to the E of Sri Lankan nationality, which did not obtain permission to change or add his/her workplace, at a intervals equivalent to KRW 5,210, in the market price, and who did not obtain permission to change or add his/her workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a notice of decision on examining an immigration offender, a notice of recognition of suspected facts, a written confirmation of employment of foreigners, a certificate of business registration, a registered foreigner's record card, a criminal investigation report (Attachment of a charge and a written

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (which means the employment of persons who are not eligible for employment status), Articles 95 and 21 (2) of the Immigration Control Act (which means employment of foreigners without obtaining permission, etc. for change of place of employment), the selection of each imprisonment for a crime;

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

1. Employment of foreigners without the status of sojourn eligible for employment activities on the grounds of sentencing under Article 62(1) of the Criminal Act in the suspended sentence is an act that may deprive the nationals and foreigners having the status of sojourn and may cause trouble to the immigration control of foreigners, and requires strict punishment.

However, the defendant is led to confession and reflect, the defendant closes the place of business of this case, and the defendant is punished by a fine.

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