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(영문) 대전지방법원 2020.01.08 2019고단4097
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person who operates a job placement office under the trade name of "C" in Jincheon-gun B of Chungcheongbuk-do, shall arrange or solicit the employment of any foreigner who does not have the status of sojourn eligible for employment activities.

Nevertheless, from September 2018 to June 2019, the Defendant arranged employment of 34 foreign nationals who did not have the status of sojourn eligible to engage in job-seeking activities in the said office in the same manner as indicated in the attached list of crimes, including arranging employment in neighboring farms, on condition that they receive KRW 10,000 to KRW 15,000,000,000 from the Thailand nationality (D, female, E, and E) who did not have the status of sojourn eligible to engage in job-seeking activities in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (exploited investigation report on foreigners), investigation report (in case of compulsory departure of 34 persons from the place of birth), and examination and decision of deportation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 Subparag. 10 of the Immigration Control Act and Article 18 (4) of the Immigration Control Act (generally applicable, and choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act are not the accused, and the crimes are divided, including the background and scale, etc. of the instant crime, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc. shall be determined by comprehensively taking account of all the sentencing conditions as shown in the trial process.

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