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(영문) 제주지방법원 2017.04.21 2016고단2870
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a human resources company in the name of “C Job Referral” in Jeju.

No person shall arrange or solicit the employment of any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant arranged four foreigners of Chinese nationality from July 25, 2016 to July 26, 2016 to be employed at the construction site in Jeju-do, including arranging employment at the construction site in Jeju-do, and received KRW 10,00 per day from July 25, 2016 to July 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender, or a written notice of examination and decision;

1. A written employment statement and a written confirmation to receive wages;

1. Copies of each police statement made to D or F;

1. Application of the respective Acts and subordinate statutes of G and H

1. Article 94 subparagraph 10 of the relevant Act, Article 94 subparagraph 10 of the Immigration Control Act, and Article 18 (4) of the Immigration Control Act, the selection of imprisonment for a crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are determined as follows, taking into account the following circumstances into account.

The favorable circumstances: The facts of crime are recognized and reflected, and the circumstances that are disadvantageous to the fact that there is no record of criminal punishment for the same kind of crime: The crime of this case is likely to increase illegal aliens who abuse the Jeju-doless certificate system, and there is a great social harm: the period and scale of business, the number of foreigners who illegally arrange for employment, the degree of criminal proceeds, the age of the defendant, sexual behavior, environment, etc.

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