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(영문) 인천지방법원 2017.11.29 2017고단5719
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On May 24, 2017, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for a violation of the Immigration Control Act by the Incheon District Court, and the judgment became final and conclusive on June 1, 2017.

[ criminal facts] The defendant is the business owner operating the "E club" in the Nam-gu Incheon Metropolitan City, and the foreigner shall obtain the status of stay eligible for employment as prescribed by Presidential Decree if he/she intends to be employed in the Republic of Korea, and no person shall employ a person who does not have the status of stay eligible for employment.

1. Nevertheless, upon the introduction of the F, the Defendant illegally employed 15 foreigners who did not have the status of sojourn eligible to be employed from October 23, 2016 to February 10, 2017, including the payment of KRW 900,000 per month from December 14, 2016 to February 10, 2017 to the Russia (H students and one person I) who entered the Republic of Korea as the qualification for visa exemption (B-1) on December 14, 2016, and employed 15 foreigners who did not have the status of sojourn eligible to be employed from October 23, 2016 to February 10, 2017.

2. On May 1, 2017, from around May 26, 2017 to May 26, 2017, the Defendant employed eight foreign women who were not eligible to engage in job-seeking activities in the said club, including Vietnam’s nationality L (M) , R (O) , R (S) , R (S), V (W) , X (Y) , and eight foreign women who were not eligible to engage in job-seeking activities by illegally employing them as entertainment reception agents.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the Z, AA, or AB;

1. A certificate of employment of foreigners;

1. Five copies of the output of the long-term sojourn applicant;

1. 8 copies of a list of registered foreigners' records;

1. Photographs;

1. Previous convictions in judgment: Investigation report (verification of the same type of force), and application of the text of the judgment;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning facts constituting an offense, and the choice of imprisonment with labor;

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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