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(영문) 광주지방법원 2018.09.13 2018고단3018
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality.

1. Any foreigner who violates the Immigration Control Act due to illegal sojourn may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn;

Nevertheless, the Defendant, on March 14, 2007, entered the Republic of Korea with the status of stay C3 (short-term visit) around March 14, 2007 and stayed in the Republic of Korea until September 7, 2018, despite the expiration of the period of stay on April 13, 2007.

2. On June 12, 2018, the Defendant violated the Immigration Control Act under an employment arrangement for disqualified foreigners: (a) the Defendant entered the Jeju Special Self-Governing Province without a visa and arranged to employ male D or E in Chinese nationality, who has not obtained the status of stay to engage in job-seeking activities, and who left the Jeju Special Self-Governing Province without obtaining permission, as the human father of the said construction site; (b) from June 7, 2018 to June 14, 2018, the Defendant arranged employment of C, D, and E from around June 7, 2018 to around June 14, 2018; and (c) received 20,000 won per day from D and E in return.

As a result, the defendant arranged the employment of foreigners who do not have the status of sojourn eligible for employment activities as a business.

3. From the end of May 2018, the Defendant violated the Immigration Control Act by taking an action under control for the purpose of good offices, the Defendant: (a) from around the end of Gwangju Mine-gu, the Chinese nationality C, the Jeju non-residentless certificate in the Defendant’s residence; (b) from around June 7, 2018, the Chinese nationality D and E, the Chinese nationality of which does not have the status of stay eligible to engage in job-seeking activities in the above residence, provided accommodation to them; and (c) arranged their employment as described in paragraph (2).

As a result, the defendant committed an act to place a foreigner who does not have the status of sojourn eligible for employment activities under his control to arrange the employment of the foreigner.

4. Violation of the Traffic Act on roads.

A. The Defendant: (a) around 06:05 on June 12, 2018, Gwangju Mining District.

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