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(영문) 대구지방법원 서부지원 2019.07.11 2019고단47
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment drinking house in the name of “C” from August 2, 2017 to the name of “C”.

If a foreigner desires 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, from September 12, 2017 to October 23, 2018, the Defendant employed D of the nationality of the country where the Defendant operated from around September 12, 2017 to around October 23, 2018, which did not have the status of sojourn eligible for employment, to pay the monthly pay of KRW 1.5 million to the entertainment reception service, and had 14 foreigners who did not have the status of sojourn eligible for employment, such as the list of crimes, engage in entertainment service from around October 23, 2018, to pay monthly pay KRW 1.3 million to the entertainment entertainment service and have them engage in entertainment service.

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. Statement of each police station (number 12 through 21, 33);

1. A written statement (number 22);

1. Application of Acts and subordinate statutes on immigration offenders, such as photograph of enforcement foreigners, detailed investigation into and departure from immigration records, emergency detention records, internment order, individual entry and departure status, employment certificate of foreigners, business registration certificate, examination and decision of immigration offenders, written notice of order

1. Article 94 Subparag. 9 of the Immigration Control Act and Articles 18(3) of the same Act, the choice of punishment for an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant acknowledges the crime of this case and does not repeat again, and considering that the defendant has no record of being punished for the same crime and there is no record of crime subject

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