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(영문) 서울중앙지방법원 2020.02.12 2019고단8461
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A foreigner who stays outside the scope of his/her sojourn status or sojourn period may sojourn in the Republic of Korea within the scope of his/her sojourn status or sojourn period, and may not sojourn outside the scope of his/her sojourn status or sojourn period

Nevertheless, on February 7, 2016, the Defendant, who is a nationality of the Thailand, entered the Republic of Korea with the visa exemption (B-1, the period of stay: 90 days) for tourism purposes, and stayed in the Republic of Korea until December 5, 2019 even after the period of stay expires on May 7, 2016.

2. If a foreigner who has been employed without obtaining the status of sojourn eligible for employment activities intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and shall not engage in employment activities without obtaining the status of sojourn eligible for employment activities;

Nevertheless, the Defendant, who is a nationality of the Thailand, was employed in the “C hotel” located in Busan Metropolitan Government B from August 2018 to May 2019, and received KRW 1500,000 per month and performed cleaning work.

3. No person who mediates or solicits the employment of any foreigner having no status of sojourn for business, shall arrange or solicit the employment of any foreigner having no status of sojourn eligible for employment activities as a business;

Nevertheless, even though the Defendant did not have the status of sojourn eligible for job-seeking activities, the Defendant recruited those who want to find employment in the Republic of Korea, and conspired with D, E, to arrange and induce the illegal employment of Thailand to employers who run manufacturers, farms, accommodation establishments, etc.

On July 20, 2019, the Defendant, together with D, placed an employment advertisement on the F Account, and then placed G (G, “H female, I, and J male) as “L pension” located in G in G in Gyeonggi-gu, a member of the Gyeonggi-si, a member of the Gyeonggi-si, and introduced it to M. of the above pension operator.

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