logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2020.04.29 2020고단80
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

The defendant is a person who operates an entertainment drinking house in the 'C' in the 1st underground floor in the Gu and Si.

If a foreigner intends to be employed 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 any foreigner who has failed to obtain the said status

Nevertheless, from August 17, 2019 to November 13, 2019, the Defendant employed 15 foreigners who did not have the status of sojourn eligible for employment as an entertainment entertainment entertainment worker in the above “C”, including employment of D, an born foreigner, who did not obtain the status of sojourn eligible for employment as an entertainment entertainment worker, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Application of Acts and subordinate statutes, such as a written accusation, written opinion, written notice of review and decision, business registration certificate, and detailed inquiry into immigration records;

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 for the crime, 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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of Punishment is 15 foreigners who did not secure the status of stay as entertainment reception workers, thereby undermining the entry and departure of foreigners and employment order, and thus, it is necessary to strictly punish them. However, considering the fact that the Defendant is recognized as committing a crime, the Defendant’s age, environment, the background of the instant crime, the circumstances after the instant crime, etc., and various sentencing conditions shown in the records and arguments, the sentence is determined as ordered

arrow