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(영문) 대구지방법원 2015.07.09 2015고단2145
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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

In employing foreigners, no person shall employ any foreigner not having the status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree.

Nevertheless, from March 21, 2014 to April 1, 2015, the Defendant entered the “D” on the 6th floor of the Daegu Suwon-gu C building from around March 21, 2014 to April 1, 2015, and thereafter entered the “D” to be exempt from visa exemption (B-1), and employed 60,000 won per month as an employee, including the E (n, F) of the Thailand’s nationality, in which the Defendant did not have the status of sojourn eligible for employment as an illegal stay after the lapse of the period of sojourn.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of foreigner;

1. A written accusation;

1. Business registration certificate;

1. Application of Acts and subordinate statutes to each notice of decision on examining an immigration offender;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) and (1) of the same Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act does not apply because the sentencing guidelines are not set (whether to apply the sentencing guidelines). [Determination of sentence] Even though the defendant was punished three times by a fine for the same kind of crime, it is inappropriate to again sentence a fine for the instant crime. This is also inappropriate to further sentence a fine. This is also taken into account the following circumstances: the number and period of illegal aliens employed by the defendant, the period of illegal stay, the number of illegal aliens in operating the business place where the defendant is in a mother mother country where it is difficult to employ nationals due to the characteristics of the type of business, the defendant employs illegal aliens while operating the business place where the defendant is in

In addition, in full view of the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, character and behavior, career, and environment, as shown in the instant pleadings, the punishment as ordered.

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