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(영문) 수원지방법원 여주지원 2015.09.08 2015고단598
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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 the representative of the "C" in Ischeon-si B.

No person shall employ a person who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree.

Nevertheless, on March 5, 2015, from around April 7, 2015 to around April 7, 2015, the Defendant paid ten (10) members (10) who do not have the status of stay to engage in job-seeking activities (10) (2) E E, 3F, G 4, G, and H 65,00 won per day and employed the Defendant to engage in concrete product manufacturing activities.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of an immigration offender;

1. Business registration certificate;

1. A certificate of foreign employment;

1. Each statement;

1. Application of Acts and subordinate statutes to a investigative report (examination of status of stay for the accused, etc.);

1. Article relevant to the facts constituting an offense, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Optional to Imprisonment) of 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 reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing under the following) is that the Defendant has a record of being subject to a disposition of notification by employing six (6) male countries without status of stay from March 1, 2014 to May 20, 2014. The crime of this case also consists of ten (10) foreigners employed without status of stay, and these crimes are detrimental to the promotion of illegal stay of foreigners. It is decided as per Disposition by the assent of all participating Justices, taking into account the favorable circumstances, such as the fact that the Defendant is under the time of his/her criminal act, and the employment of a foreign worker without status of stay is deemed to have partly caused the Defendant’s age, family environment, past criminal records, and the circumstances after the crime.

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