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(영문) 서울북부지방법원 2018.06.22 2018고단958
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, from November 27, 2017 to November 29, 2017, the Defendant employed women D(E), F(G), H(I), H(K), K (MM), R (O), P, R(S(S (B-1, tourism) who entered the Republic of Korea with the qualification of sojourn status of Kaman C(U) and in the short-term visit (C-3) status of sojourn status, and foreigners who are not eligible for entertainment activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A foreigner's statement;

1. A written accusation;

1. Application of statutes on a copy of business license;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The number of foreigners employed by the defendant for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not less than 10, the defendant recognized his mistake and reflects his mistake, the defendant has no criminal conviction exceeding the same kind and fine, and the conditions of sentencing as prescribed in Article 51 of the Criminal Act as stated in the records are considered.

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