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(영문) 대구지방법원 경주지원 2019.03.21 2018고단835
출입국관리법위반
Text

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

The defendant is a person who operates an entertainment drinking house with the trade name "C" in Nam-gu B at port.

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, between August 16, 2018 and October 1, 2010 of the same year, the Defendant employed 13 foreigners who do not have the status of sojourn eligible for employment as shown in the attached list of crimes, including employment of D(E students, women, B-1, date of expiration of the stay period, August 25, 2017) of the nationality of Thailand (E students, women B-1, and date of expiration of the stay period), respectively, between January 26, 2018 and October 1, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Accusation of an immigration offender;

1. Each written statement;

1. An investigation report (the nature of the status of stay exempt from the visa), - Application of statutes, such as a detailed statement of entry and departure records of foreigners;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not less exceptionally liable for the crime, such as interfering with the normalization of the employment market and promoting the illegal stay of the relevant foreigners.

In addition, there are many number of illegal workers.

Provided, That confession and reflect shall be made.

In addition, all the sentencing conditions, such as the motive and background of the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, are considered as the disposition.

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