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(영문) 대구지방법원 2016.09.02 2016고단3254
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant was operating a marina business in the name of "C" in Daegu Suwon-gu B.

No person shall employ any foreigner having no status of sojourn eligible for employment activities in the Republic of Korea.

Nevertheless, during the period from March 25, 2016 to May 25, 2016, the Defendant employed D, who is a de facto national, who did not have the status of stay to engage in job-seeking activities, to the said “C”.

In addition, the Defendant employed 7 foreigners who did not have the status of stay to engage in job-seeking activities more than 7 times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each Act or subordinate statute stated in the accusation book, notice of decision on examining immigration offenders, list of illegal foreigners, certificate of employment of foreigners, written statement, business registration certificate, and comprehensive record meeting of immigration-related persons; and

1. Relevant Article of the Immigration Control Act and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Selection of Imprisonment with prison labor), each of which is applicable to facts constituting an offense;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as a favorable sentencing condition among the reasons for sentencing) employs seven foreigners who have no status of sojourn in the same kind of crime even though the defendant had been punished for the same offense, and has committed the instant crime. However, the period of employment of foreigners employed appears not to be a long period, and the defendant does not have been punished for more severe punishment than a fine, etc., the sentence shall be determined as ordered in consideration of the defendant’s favorable sentencing conditions and all other sentencing conditions, such as the defendant’s age, character and conduct, and circumstances after the crime

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