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(영문) 서울남부지방법원 2018.01.12 2017고단5550
출입국관리법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates marina business on the fifth floor of building B located in Yangcheon-gu Seoul Metropolitan Government with the trade name "C".

From May 29, 2017 to the same year

8. 8. up to August, an employment was made on condition that a foreigner of Thailand nationality D (n, E) who does not have the status of stay eligible for employment, as shown in the list of offenses in the attached Form, who does not have the status of stay in the total of nine persons, should be paid monthly from 110 to 130,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender, - Written opinion, - Notice of decision on examining an immigration offender, - Confirmation of employment of a foreigner, - Application of a notice of decision on examining an immigration offender and a written statement

1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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

1. The suspended sentence under Article 62(1) of the Criminal Act is to be imposed in consideration of the confession of the reason for sentencing, the scale of the crime, the records of the crime (the initial crime), the circumstances leading to the crime, and other factors of sentencing.

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