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(영문) 제주지방법원 2019.06.21 2018고단2951
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

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for employment activities.

On July 10, 2018, the Defendant entered the Republic of Korea without a visa (Visa exemption, B-1, entry December 24, 2017), and paid KRW 60,000 per day to foreigners (C) of the nationality of Thailand who do not have the status of sojourn eligible for employment. From that time to that time, the Defendant employed 10 foreigners of Thailand nationality who did not have the status of sojourn eligible for employment, including having the status of sojourn eligible for employment, from July 14, 2018.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of the suspect interrogation protocol against the defendant prepared by the police;

1. Each description of the statements in D, E, F, G, H, I, J, B,K, and L Preparation;

1. Statement on accusation of immigration offenders prepared by the Commissioner of the Immigration Office of the Ministry of Justice (including attached documents);

1. The application of each Act or subordinate statute to each notice of decision on examining any immigration offender, and each of the Acts or subordinate statutes entered in detailed records;

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 (limited to concurrent crimes with punishment stipulated in the violation of the Immigration Control Act related to B 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 applicable sentences by law】 One month to four years and six months (in the case of concurrent crimes, one shall be imposed).

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