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(영문) 서울남부지방법원 2020.01.15 2019고단4199
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 a marina business in the name of the Yeongdeungpo-gu Seoul Metropolitan Government building B and the second floor "Cmast Land".

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

Nevertheless, from May 1, 2019 to May 29, 2019, the Defendant offered 120,000 won incentives to 1.20,000 won monthly remuneration, and 1.20% incentives to 1.5% of the status of stay (B-1), to 1.5% of the status of stay (B-1), to 1.5% of the status of stay (B-1), to 1.5% of the status of stay (B-1), to 200,000 won, to 1.5% of the status of stay (B-1), to 1.5% of the status of stay (B-1), to 200,000 won, to 1.5% of the status of stay (B-1) to 29, 2019.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of L, F, D, J, and H;

1. Notice of decision on examining an immigration offender, and application of Acts and subordinate statutes on individual immigration status;

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. Comprehensive consideration of all the circumstances, such as the number of workers who illegally employed the reason for sentencing under Article 62(1) of the Criminal Act, motive and background of the crime, the age, environment, character and conduct, criminal records, and circumstances after the crime, etc.

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