logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.09.20 2019고단1233
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

The defendant is residing in the Blux C at Jeju, and operates the D Company.

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 person who has no status of sojourn.

From December 3, 2017 to April 8, 2019, the Defendant employed seven foreigners of Chinese nationality who do not have the status of stay as shown in the attached list of crimes, including payment of wages of 110,000 won per day of illegal aliens G from the construction site for commercial buildings in the Franpo City E in Seopo City from around December 3, 2017.

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 statement made by the police officer with regard to G and H;

1. Each description of the I, J, K, L, and M;

1. Each investigation report (including attached documents) prepared by the police (a copy of a business registration certificate; / a notice of review of and decision on an immigration offender with seven illegal aliens on April 8, 2019; and a document attached to a written confirmation of wage receipt).

1. Application of the Acts and subordinate statutes to file an accusation against an immigration offender prepared by the head of the immigration control office;

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 violation of the Immigration Control Act as stated in the sequence 1 of the list of crimes with the largest penalty);

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.

【Scope of the Sentence of the Punishment in Law】 One month to four years and six months (in the case of concurrent crimes, referring to the aggravation of sentence). 【Decision of the Punishment in Law】 One year of suspended sentence for six months.

arrow