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(영문) 서울남부지방법원 2018.11.08 2018고단4044
출입국관리법위반
Text

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

However, the execution of a sentence shall be suspended for a period of one year 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 in the trade name of “C” on B4th floor in light life.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the defendant from January 2, 2018 to the same year.

2. Visa exemption (B-1) that could not be employed at the above Maz establishment by the end of 20.20,000 won per month was employed for Maz. D (W, 81 years old), E (n, 79 years old), F (n, 83 years old), G (n, 74 years old), H (n, 90 years old), and M (n, 90 years old) with the status of stay 1.2 million won per month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. The written accusation, written opinion, written decision on examination, written notice of decision on examining each immigration offender, and application of statutes;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (the selection of a sentence, suspension of execution, etc.) (the term “C”), when the defendant operated the “C”, four foreigners employed for about two months in the year of 2017, who are not qualified for employment, and paid a penalty of KRW 4.9 million around September 2017, and immediately paid the penalty of KRW 4.9 million around the same kind of crime, the so-called the Defendant’s fine for the instant crime of the same kind, is deemed to have no capacity to be subject to punishment. The punishment shall be determined by comprehensively taking into account the motive of the crime, the number of employees, the period of employment, etc., and the factors of sentencing, including the Defendant’s age, sexual behavior

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