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(영문) 대구지방법원 서부지원 2019.05.30 2018고단2768
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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 a plastic farm in the Gyeongbuk-gun B, which is located in the Gyeongbuk-gun.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any person who has no status of sojourn eligible for employment.

Nevertheless, the Defendant from August 15, 2018 to the same year.

9. From October, 2018, by employing “C” of the nationality of the Thailand with no status of sojourn eligible for employment at the farm run by Defendant operation, the amount of KRW 8,00 per hour shall be paid, and from September 10, 2018, the number of foreigners of Thailand with no status of sojourn eligible for employment as shown in the annexed list of crimes shall be paid KRW 7,530 or KRW 8,000 per day to pay KRW 41 of the nationality of Thailand with no status of sojourn eligible for employment as shown in the annexed list of crimes, and engaged in agricultural crops cultivation work, such as wave and ma.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A certificate of foreign employment and a certificate of foreign employment period;

1. A notice of decision on examining an immigration offender;

1. Written opinion;

1. Application of Acts and subordinate statutes on accusation of immigration offenders;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act should be eradicated as an act that may hamper the affairs of the immigration control of foreigners by reducing the opportunity for employment of Koreans and foreigners having the status of stay. The defendant has employed 41 foreigners without the status of stay, and the size of the crime is considerable.

However, the defendant confessions the crime of this case and repents his mistake.

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