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(영문) 서울남부지방법원 2019.09.18 2019고단791
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 a marina business with the trade name “C” located in Yangcheon-gu Seoul Metropolitan Government B and 4.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from November 30, 2018 to December 4, 2018, the Defendant employed nine persons, including the status of stay (B-1), Ein, G (Taking, G), H (Taking, G), J (Taking, K), L (Taking, M (n), N (O), P (n (n), Q, R (n), R (n), T (n), T (n (n), and U) with the status of stay (B-1) in which he/she is unable to work at the said marina business establishment from November 30, 2018 to December 4, 2018, and provided customers with a 130,000 won monthly remuneration and provide customers with a fluence.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the charge book of the head of the office for entry into and departure from Seoul Southern Branch (including a notice of examination of an immigration offender, a business registration certificate, and a written

1. Relevant Article of the Immigration Control Act and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Selection of Imprisonment with prison labor), each of which is applicable to facts constituting an offense;

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 reasons for sentencing under Article 62(1) of the Criminal Act suspended: It is not good in that the defendant, in violation of the Immigration Control Act, has a large number of foreigners employed in violation of the Immigration Control Act, and after having registered the business as a seller for cosmetics, it is not good that the defendant has allowed non-qualified foreigners to engage in marina business;

The defendant is recognized to commit a crime in favor of him.

The illegal employment period is not long, and the business of a marina post-control was closed, and the illegal employed foreigners seem to have been presumed to have been under the deportation order through this control.

There shall be no record of criminal punishment for a crime that has been sentenced to a fine on one occasion before 20 years have elapsed.

As above, the defendant.

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