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(영문) 부산지방법원 동부지원 2019.07.10 2019고단696
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall employ any foreigner who has no status of sojourn eligible for legitimate job-seeking activities.

Nevertheless, from November 17, 2018 to February 19, 2019, the Defendant employed five foreigners who do not have the status of sojourn as shown in the list of crimes in the attached Table as a marina for the period from Oct. 13, 2018 to Feb. 19, 2019, including the employment of D of the mother State nationality who did not have the status of sojourn eligible for employment in the Republic of Korea as a marina.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in detail to the accusation book, examination decision, notification of immigration offender, written confirmation on foreign employment, each written statement, and detailed investigation of immigration records;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment, respectively;

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;

1. The punishment as ordered shall be determined by comprehensively taking into account all circumstances, such as the number of workers who illegally employed the reason of sentencing under Article 62-2 of the Social Service Order Act, motive and background of the crime, the age, environment, character and conduct, criminal records, criminal records, circumstances after the crime;

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