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(영문) 제주지방법원 2016.10.07 2016고단1623
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person running an entertainment drinking house “D” in Jeju City.

No person shall employ any foreigner having no status of sojourn eligible for employment activities.

Nevertheless, from May 5, 2016 to May 31, 2016, the Defendant employed E (here, F), a foreigner of the mother country’s nationality, who did not have the status of sojourn eligible for employment in the said D entertainment tavern, as indicated in the attached list of crimes, as indicated in the attached list of crimes, as the Defendant employed E (here, female, and F) as an entertainment entertainment entertainment entertainment entertainment restaurant’s entertainment entertainment entertainment restaurant’s entertainment entertainment entertainment entertainment business’s entertainment entertainment business’s entertainment entertainment entertainment business’s entertainment entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s entertainment business’s status

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes governing employment certificates of foreigners, written statements, written statements, notices of review and decision, passport copies, and detailed immigration records;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting 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. The circumstances that are favorable for sentencing under Article 62 (1) of the Act on the Suspension of Execution, taking into account the following circumstances as the reasons for sentencing under Article 62 (1) of the Criminal Act: The facts of crime are recognized and reflected, and the circumstances that there is no record of criminal punishment for the violation of the Immigration Control Act: The number of foreigners illegally employed is a considerable period of time, and the crime of crime in this case is committed continuously while being prosecuted for engaging in sexual traffic with female employees and is under criminal trial in the first instance court: Illegal employment type, age, character and conduct, environment, etc.

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