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(영문) 제주지방법원 2019.07.12 2019고단319
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall arrange or recommend as a business the employment of foreigners who have no status of sojourn eligible for employment activities.

The Defendant is a person who was operating a human resources supplier company under the trade name “D” in the B Housing C at Seopo-si.

On January 2, 2019, from around January 7, 2019 to around January 7, 2019, the Defendant arranged for employment of 10,000 Chinese nationals E to work at a single harvest farm in Seongbuk-si, Sungpo-si, Sungpo-si and received 10,000 won from E in terms of fees, etc., and arranged for employment of 10,000 Chinese nationals who do not have the status of stay as shown in the attached list of crimes, and received 10,000 won of fees from them.

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.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the prosecution;

1. Entry of a copy of the statement statement E prepared by the special judicial police officer;

1. Each description in the F, G, H, I, J, K, L, M, N, and E of each statement;

1. Each entry into the record of entry or departure, a copy of the business registration certificate, each passport, each entry into the notice of examination and decision on each immigration offender;

1. Application of Acts and subordinate statutes to an accusation (including attached documents) against immigration offenders prepared by the Commissioner of the Immigration Office of the Ministry of Justice;

1. Article 94 subparagraph 10 of the Immigration Control Act and Article 18 (4) of the same Act, comprehensively including the relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act / 【Scope of the sentence to be sentenced by the law】 One month or three years or more / 8 months or more / 8 months or less of the suspended sentence, which is disadvantageous to the two years or more of the suspended sentence: there is no status of sojourn that the defendant

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