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(영문) 대구지방법원 경주지원 2018.11.29 2018고단680
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates the “C” in the racing city B.

When a foreigner intends to work in the Republic of Korea, he shall obtain the status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the defendant from August 1, 2018 to the same year.

9. Between November, 190, the aforementioned “C” place of business, employment of 12 foreigners who did not have a legitimate status of sojourn that does not have a legitimate status of sojourn eligible for employment, including employment of D(E birth and B-1) of the Thailand nationality that did not have a legitimate status of sojourn eligible for employment, as described in the list of crimes in the separate sheet of crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written accusation;

1. A written statement;

1. Application of Acts and subordinate statutes on emergency protection notes and foreigner registration records;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment for a crime;

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 of the suspended sentence is not such crime as hindering the normalization of the employment market and promoting the illegal stay of the relevant foreigners.

In addition, there are many number of illegal employees.

Provided, That confession and reflect shall be made.

There is no record of punishment for the same kind of crime.

After being divorced from his wife, he raises his child.

In addition, all the sentencing conditions, such as the motive and background of the crime, the circumstances after the crime, the age of the defendant, the sex, the environment, etc., shall be determined as per the disposition.

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