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(영문) 인천지방법원 2020.01.16 2019고단7820
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

[criminal power] On November 7, 2019, the Defendant was sentenced to two years of suspension of execution for a violation of the Immigration Control Act at the Incheon District Court on August 8, 201, and the said judgment became final and conclusive on November 15, 2019.

【Criminal Facts】

The Defendant is a person who operates an entertainment drinking house called "C" on the second, third, and fourth floor of the Michuhol-gu Incheon building.

No person shall employ any foreigner having no status of sojourn eligible for employment.

Nevertheless, from September 10, 2019 to September 27, 2019, the Defendant employed a total of 19 foreign visitors who did not have the status of stay eligible for employment as shown in the attached list of crimes, on condition that the Defendant would pay 30,000 won per hour for Vietnam nationality D (D, female, E) with no status of stay eligible for employment in the above entertainment drinking house, and employed 19 foreign visitors who did not have the status of stay eligible for employment as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement made to F, G, and H;

1. Each 18 statement of illegal employment of foreigners;

1. Each investigation report, building photographs, public health clinics in Michuhol-gu, public health clinic hygiene and replies, C women's access pages, extraction of the manual for issuance of art promotion events, and the charge book;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of judgment), and application of Acts and subordinate statutes;

1. Relevant Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant, who did not secure the status of stay, severely damaged the entry into and departure from the Republic of Korea and the order of employment of foreigners by employing 19 foreigners who did not obtain the status of stay

The favorable circumstances: Recognizing each of the crimes of this case, it is against the law.

Many entertainment taverns operated by the defendant were closed.

judgment becomes final and conclusive.

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