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(영문) 대구지방법원 2019.08.14 2019고단2140
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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of the Immigration Control Act, etc. at the Daegu District Court on the same year.

9. 29. A person for whom the above judgment became final and conclusive and who operated the “C” entertainment tavern in the 2nd floor of Ulsan-gu building B in Ulsan-gu.

A person is prohibited from employing a person who does not have the status of sojourn eligible for job-seeking activities. However, from August 18, 2018 to 20th of the same month, the Defendant, in the “C” entertainment tavern, the Defendant, from August 18, 2018, paid KRW 10,000 per hour 10,000 per hour, 4 persons who do not have the status of sojourn eligible for job-seeking activities such as the said D, such as employment of entertainment visitors, etc., and employed as entertainment visitors of the “C” entertainment bars.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement;

1. Certificate of foreign employment, certificate of foreign employment, and business registration certificate; and

1. Prosecutorial investigation reports (examination of whether restrictions are placed on job-seeking activities concerning status of stay B-1 and F-4);

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and 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. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reason that the probation is a second offense during the same period of probation as the one of the reasons for sentencing under Article 62-2 of the Criminal Act, and the sentence is to be executed on the grounds that the period of illegal employment is shorter, the execution of the sentence is suspended in consideration of the age and health conditions of the defendant, and the probation is imposed in order

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