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(영문) 수원지방법원 2017.11.10 2017고단4655
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 a cchiller processing company under the trade name of “C” in the c in the eternic City B.

If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and shall not employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, from May 1, 2017 to June 15, 2017, the Defendant illegally employed D (E) of the Indonesia nationality in an illegal sojourn as an employee under the condition that he/she would not have the status of stay that he/she would engage in job-seeking activities at the above establishment operated by the Defendant, and would pay monthly salary of KRW 1,500,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes, such as a written accusation, written opinion, written decision on examination, written confirmation on employment of foreigners, each foreigner’s written statement, written notice of examination

1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, committed the instant crime again even though he/she was punished by a fine on December 12, 2013 and September 2014, and by a suspended sentence of imprisonment on June 2015, due to the violation of the Immigration Control Act.

However, considering the circumstances where the crime of this case is committed by two illegal aliens, the size of the crime is smaller than that of the defendant, and the age, sex, means and result of the crime are determined after the crime.

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