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(영문) 대구지방법원 경주지원 2016.10.13 2016고단368
출입국관리법위반
Text

A defendant shall be punished by imprisonment for 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 C in racing B.

If a foreigner intends to work in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person who has no such status of sojourn.

Nevertheless, from January 20, 2016 to March 9, 2016, the Defendant employed a person who does not have the status of sojourn eligible to engage in job-seeking activities in the above C as well as the status of nationality D of the Thailand that did not have the status of sojourn eligible to engage in job-seeking activities, such as the list of crimes in the attached Form 14, at an urgent level of KRW 6,030, and had him/her take charge of work, such as counter-working.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Accusation of immigration offenders, examination and decision notice, notification of foreign employment certificate, business registration certificate, tax investigation meeting on immigration records, and application of tax invoice and tax invoice Acts and subordinate statutes; and

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, which employs a foreigner who does not have the status of sojourn eligible for employment activities, is not easy to commit the crime in light of the risk of depriving the foreigner having the status of sojourn with the foreigner having the status of sojourn, and hindering the management of the foreigner staying in the Republic of Korea, thereby causing various social problems.

However, there are circumstances that can be considered in the course of the crime, such as the fact that the defendant has already divided his mistake in depth, and the failure of the employee to seek the crime of this case, etc., and the defendant is the crime of violation of the Road Traffic Act (driving) within the last fifteen years.

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