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(영문) 서울남부지방법원 2020.06.03 2020고단1117
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities as prescribed by the Enforcement Decree of the Immigration Control Act, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from January 11, 2020 to January 20, 2020, the Defendant employed 12 foreigners who did not have the status of sojourn for job-seeking activities in the “C” entertainment drinking club operated by the Defendant on the Gangseo-gu Seoul Metropolitan Government B and the 1st underground floor, and employed 12 foreigners who did not have the status of sojourn for job-seeking activities as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each immigration offender's notice of examination and decision (No. 4 through 15 No. 5 of the evidence list);

1. Each foreigner’s statement (No. 16 through 27 No. 16 of the evidence list);

1. A written opinion on accusation or accusation of an immigration offender;

1. Application of a copy of foreign employment certificate under statutes;

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 reason for sentencing under Article 62(1) of the Criminal Act is not good in light of the number of foreigners employed by the defendant illegally and the type of business, etc. Meanwhile, the employment period is not long, and there is no record of criminal punishment other than the punishment imposed twice as a crime of double-class, and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments and records of this case, including the circumstances after the crime, shall be determined as ordered.

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