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(영문) 창원지방법원 밀양지원 2019.10.01 2019고단305
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

The Defendant is a person who operates the manufacturing business with the trade name “C” from Gyeongbuk-si, Chungcheongnam-si.

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for such employment activities.

Nevertheless, on May 2, 2017, from around April 3, 2019 to April 3, 2019, the Defendant employed D (EM B1, and May 27, 2014 on the expiration date) without having a legitimate status of stay, and had it carry out simple duties, such as automobile parts manufacturing business (automobile parts) in the GG business place located in the CF, and employed foreigners who do not have a total of 12 valid status of stay, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Twelve copies of the written statement;

1. Investigation report (to telephone conversations between the accused H);

1. Inquiry of immigration offenders into a written notice of examination and decision, written notice of employment of foreigners, written confirmation of employment of foreigners, illegal employment group, business registration certificate (C), registered foreigners card and short-term foreigners;

1. Application of Acts and subordinate statutes to accusation and written opinions;

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 for the crime, and the choice of imprisonment;

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

1. Although the number of foreigners who illegally employed for the reason of sentencing under Article 62(1) of the Criminal Act is not a large number of reasons for suspended sentence and the period of employment cannot be deemed to be short, the crime is not good. However, the fact that the defendant's mistake is divided, the defendant's business is discontinued, the defendant's business is discontinued, the illegal employment is deemed to have been maintained by paying wages normally, but it seems that the defendant had maintained employment relationship by paying wages, such as the defendant's primary offender, etc., and other circumstances to be considered for the defendant, such as age, character and behavior, environment, motive and circumstance of

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