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(영문) 대구지방법원 경주지원 2017.11.23 2017고단675
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of stay eligible for legitimate job-seeking activities, and no person shall employ a foreigner who has no status of stay eligible for legitimate job-seeking activities.

Nevertheless, the Defendant, while operating the manufacturer in the name of "C" from March 2, 2017 to May 31, 2017, employed a total of nine foreign nationals who did not have the status of sojourn eligible to engage in legitimate job-seeking activities, as shown in the attached list of crimes, on the above site, after the lapse of the period of stay from March 2, 2017 to May 31, 2017, and after the lapse of July 17, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Accusation of an immigration offender, written opinion, written notice of decision on examining an immigration offender, list of illegal foreigners, written confirmation of employment of foreigners, written statement/entry-related persons, inquiry into comprehensive records of entry into and departure from the Republic of Korea, business registration certificate / contract documents / work log / work log / electronic statement of wages, investigation report (information submitted by an accusation agency), investigation report (information submitted by an immigration

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, which employs a foreigner who does not have the status of sojourn eligible for employment activities, is likely to deprive the foreigner having the status of sojourn with the foreigner having the status of sojourn, and cause various social problems due to the disturbance in management of the foreigner staying in the Republic of Korea.

On the other hand, however, the defendant himself.

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