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(영문) 대구지방법원 경주지원 2018.06.21 2018고단327
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 18, 2017, the Defendant was sentenced to a suspended sentence of four months for a violation of the Immigration Control Act by the Daegu District Court racing support, and the said judgment became final and conclusive on June 5, 2018.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of stay eligible for legitimate job-seeking activities, and no person shall employ a foreigner who has no status of stay eligible for legitimate job-seeking activities.

Nevertheless, the Defendant, as the representative of C in racing-si, employed 15 foreigners who did not have the status of stay to engage in legitimate job-seeking activities, such as the list of crimes in the attached Form, from December 1, 2017 to January 22, 2018, as the representative of C, whose period of stay expires between around December 1, 2017 and January 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Accusation of an immigration offender;

1. Each certificate of employment of foreigners;

1. Each statement;

1. Application of the Acts and subordinate statutes concerning detailed national inquiries;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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