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(영문) 창원지방법원 통영지원 2019.03.21 2018고단1207
출입국관리법위반
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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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates an entertainment drinking house with the trade name "C" from the second hotel floor in a common time.

No person shall employ any person not having the status of sojourn eligible for employment activities.

Nevertheless, from June 20, 2018 to July 16, 2018, the Defendant employed 13 foreign nationals who did not have the status of sojourn eligible to engage in employment activities as shown in the attached Form (hereinafter “the age of 25”) at the intervals of KRW 1.6 million per month, as well as with employment of Thailand nationality D (the age of 25) with which they did not have the status of sojourn eligible to engage in employment activities in the above entertainment tavern.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Accusation of an immigration offender;

1. A certificate of foreign employment;

1. Business registration certificate copy;

1. Application of Acts and subordinate statutes to report on investigation (Submission of Lease Contracts);

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense (the point of employing non-resident status), and the choice of imprisonment with labor;

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;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the circumstance in which the defendant employed a foreign employee who does not have the status of sojourn available for job-seeking activities; (b) the number of employees employed; (c) the business period and the degree of profits therefrom; (d) the defendant has no same criminal history as the defendant; (c) the time of and reflects the crime; and (d) the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (

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