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(영문) 수원지방법원 2017.05.24 2017고단1654
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person operating “C”, who is a human resources supplier in Pyeongtaek-si B.

If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment as prescribed by Presidential Decree, and no person shall arrange or solicit as a business the employment of a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant arranged employment against Thailand D (D, inn, E) for employment, 10 foreigners who did not have the status of employment as shown in the list of crimes in the attached Table from February 22, 2017, but knew that the status of employment in the above D was not the status of employment eligible for visa exemption (B1). However, around January 20, 2017, the Defendant arranged 10 foreigners who did not have the status of employment eligible for employment as shown in the list of crimes in the above G.

As a result, the defendant arranged the employment of foreigners who do not have the status of sojourn eligible for employment activities as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as one copy of enforcement report, one copy of written confirmation of employment of foreigners, one copy of written statement, and ten copies of written emergency custody, each business registration certificate, each investigation report (attached to data verifying status of stay, who is a representative of illegal employment), and investigation report (attached to computerized output data of written notice of review of foreign immigration offenders in this case);

1. Relevant Article of the Act and Articles 94 subparag. 10 and 18 subparag. 4 of the Immigration Control Act regarding criminal facts, the choice of imprisonment, and the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is to arrange employment of 10 foreigners who do not have the status of sojourn eligible for employment activities, to which they have no record of criminal punishment for the same kind of crime, to recognize and reflect the fact of the crime, and to other business periods and scale

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