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(영문) 제주지방법원 2019.06.14 2018고단2921
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any foreigner who has not obtained the said status of sojourn.

Since the Defendant entered the Republic of Korea without a visa for tourism purposes, the Defendant employed B, a foreigner of the People’s Republic of China’s nationality who did not obtain the status of stay eligible for job-seeking activities in the Republic of Korea, on condition that 60,000 won per day from February 5, 2018 to April 2, 2018 should work in the Jeju-si Yang Spion field, etc. around C, and thereafter employed 8 foreigners of the People’s Republic of China, who are not eligible for employment, such as written in the list of crimes in attached Table, from around that time.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry in the employment statement of B, D, E, F, G, H, I, and J document and written confirmation of wage receipt;

1. A statement on accusation (including attached documents) against an immigration offender prepared by the head of the immigration immigration office;

1. The application of each Act or subordinate statute to each notice of decision on examining any immigration offender, and each of the Acts or subordinate statutes entered in detailed records;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes, the number of concurrent crimes stipulated in the G-related offense of violation of the Immigration Control Act, which is the largest number of crimes in the attached Table 5);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are the concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes for which the sentencing guidelines are not set.

【The scope of punishment by law】 One month to four years and six months (if concurrent crimes are committed, a sentence shall be imposed). The sentence shall be suspended for six months (6 months).

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