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(영문) 대구지방법원 2020.10.28 2020고단2492
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

The Defendant is a person who operates an entertainment drinking house under the trade name of “C” in the B-1st floor in Gyeongbuk-si, Chungcheongnam-si.

No person shall employ any foreigner who does not have the status of sojourn eligible for employment.

Nevertheless, from around December 5, 2018 to November 13, 2019, the Defendant employed 17 foreign nationals who did not have the status of sojourn eligible for employment as an entertainment reception worker at the above entertainment entertainment drinking house as a total of 17 workers who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, including employing D of the nationality of Thailand, which did not have the status of sojourn eligible for employment as an entertainment reception worker at the above entertainment drinking house.

Summary of Evidence

1. Defendant’s written statement in court or accusation;

1. Application of Acts and subordinate statutes governing entry and departure records, including a copy of notification of decision on immigration control review, a copy of foreign employment certificate, a copy of business registration certificate, a copy of employment statement of 17 foreigners employed by the defendant, and a copy of employment statement

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is an employment of a number of foreigners who do not have the status of sojourn eligible for employment activities as an entertainment entertainment agent, and the criminal liability is grave. Considering the fact that a defendant is led to an offense, the defendant is considered as a favorable cause for sentencing, such as the confession of the offense, the fact that there is no record of criminal punishment, etc., and taking into account all other circumstances such as the defendant’s age, employment period and size, and circumstances after the

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