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(영문) 대구지방법원 경주지원 2018.09.12 2018고단439
출입국관리법위반
Text

A defendant shall be punished by imprisonment for 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 the “C” in the racing-si B.

When a foreigner intends to work in the Republic of Korea, he shall obtain the status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant employed, from June 13, 2017 to May 14, 2018, F, who was the place of business in Busan Gangseo-gu, the place of business in which the agreement was entered into with the said “C,” as its employee, who did not have a legitimate status of sojourn to engage in job-seeking activities in Gangseo-gu, Busan, which was the place of business in which the agreement was entered into with the said “C,” as well as nine foreigners who did not have a legitimate status of sojourn to engage in job-seeking activities as described in the list of crimes between March 20, 2017 and May 14, 2018, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes to a charge of an immigration offender, written opinion, written notice of decision on examining an immigration offender, copy of employment certificate, and a list of illegal employment foreigners, records of illegal employment foreigners' sojourn in the Republic of Korea, and copies of written notification of suspect's decision on

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding the facts constituting an offense and the selection of punishment;

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 Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was punished for the same kind of crime, employed by a foreigner who does not have the status of sojourn eligible for employment in the future, and operated the company.

However, the sentencing conditions in the records, such as the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., are comprehensively considered, and the sentence like the order is imposed.

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