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(영문) 의정부지방법원 2019.10.02 2019고단2683
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

1. Any foreigner may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn;

Nevertheless, the Defendant did not depart from the Republic of Korea within May 26, 2012, the expiration date of the period of stay, and stayed beyond the scope of the status of stay or the period of stay until June 13, 2019.

2. If a foreigner intends to find a job 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 any foreigner who does not have the status of sojourn, or arrange or recommend the employment

A. The Defendant, by abusing the visa exemption system, assisted the employment of two foreign nationals of Thailand who did not have the status of stay to engage in job-seeking activities on two occasions as indicated in the attached Table No. 17 and No. 18, by arranging the employment of Thailand nationals C and D, who had not obtained the status of stay to engage in job-seeking activities on two occasions as indicated in the attached Table No. 17 and the attached Table No. 18.

B. The Defendant abused the visa exemption system to arrange employment of foreigners who wish to be illegally employed after entering a factory, etc. after entering the Republic of Korea, and received fees in return, etc., and the Defendant, who is her husband, served as an assistant for employment in a domestic place of business. The Defendant: (a) served as an assistant for employment in a domestic place of business; and (b) served as an assistant for employment in a domestic place of business by driving in a domestic place of business.

Accordingly, the Defendant, in collusion with E on November 10, 2018, mediates employment between the de-state foreigner H and I, who has not obtained the status of stay to engage in job-seeking activities in the “G” of the household factory located in the Macheon-si.

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