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(영문) 대구지방법원 경주지원 2016.10.12 2016고단415
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall employ any foreigner not having the status of sojourn;

Nevertheless, from April 2014 to April 5, 2016, the Defendant employed 20 foreigners, including F, G, H, I, J, K, L, M, and People's Republic of China N, P, P, Q, Q, R, T, and Cambodia's nationality, U, V, W, Vietnam's nationality X, Vietnam, and Y of the Philippines's nationality.

2. No person shall employ any foreigner who fails to obtain permission to change or add his/her workplace;

Nevertheless, on February 26, 2016, the Defendant employed Cambodian nationality without obtaining permission to change or add his/her workplace at the above place and had it take charge of production work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation, accusation, written opinion, notice of decision on examining an immigration offender, each foreign employment certificate, business registration certificate, list, wage specifications, detailed inquiry into the immigration record, etc.;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (the occupation of any foreigner who is not in possession of a stay status and any choice of imprisonment), Article 95 subparagraph 6 of the Immigration Control Act and Article 21 (2) of the same Act (the occupation of any foreigner who is not in possession of a stay status and any selection of imprisonment), each of the relevant

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

1. The crime of this case under Article 62(1) of the Criminal Act is committed under the unfavorable circumstances, such as the fact that the nature of the crime is not easy to cause social problems, such as preparing a condition under which illegal aliens can stay in the Republic of Korea, and that the number of foreigners who are not granted status of stay employed by the defendant is relatively large, and that the period exceeds two years, and that the defendant is against the defendant, and that criminal records are against the defendant.

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