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(영문) 수원지방법원 2019.06.14 2019고단1476
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who is operating a marina business with the trade name “E” in the building C and D of the Suwon-si Suwon District B.

From January 7, 2019 to February 25, 2019, the Defendant employed a foreigner who does not have a legitimate stay status of four persons in total in the following manner: (a) from around January 7, 2019 to around February 25, 2019, was employed as a sojourn status (B-1) that is not capable of engaging in simple labor activities; and (b) had many unspecified customers engage in drinking, etc.; and (c) employed a foreigner who does not have a legitimate stay status of four persons in total.

An employee’s name, nationality, period of employment, type 1 G-1 (Visa exemption) in Thailand, from February 22, 2019 to February 25, 2019, the summary of evidence of evidence of the Mali branch office 2H T-1 (Visa exemption) in W-1 (Visa exemption) from January 7, 2019 to February 25, 2019; Mali branch office 3 I Thailand in 2019 to February 7, 2019; from January 7, 2019 to February 25, 2019; Mali branch office 4 J Thailand in Mali branch office from January 7, 2019 to February 25, 2019;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes for the confirmation of accusation, business registration certificate, certificate of foreign employment, and status of stay;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment;

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

1. Taking into account all the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act recognizes his/her mistake, the fact that the defendant has been sentenced to a fine of the same kind twice and the number and employment period

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