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(영문) 대구지방법원 경주지원 2017.08.09 2017고단274
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 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 stay eligible for legitimate job-seeking activities, and no person shall employ a foreigner who has no status of stay eligible for legitimate job-seeking activities.

Nevertheless, from February 1, 2017 to March 23, 2017, the Defendant operated a manufacturing company with the trade name “C” from around December 1, 2017 to around March 23, 2017, and the Defendant employed 17 foreigners who did not have the status of stay to engage in legitimate job-seeking activities, such as employment of the nationality foreigner D of Thailand who was terminated as of October 19, 2016 and did not have the status of stay to engage in legitimate job-seeking activities, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation an immigration offender, written decision on examination, confirmation of employment of foreigners, business registration certificate/contract, etc., written statement, and written notice of examination and decision;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (the crime of this case is set as ordered in consideration of the following facts: although the nature of the crime is minor, such as the fact that the defendant is against himself, the fact that the defendant has no criminal history, and the fact that the defendant does not seek any employee, etc., can be considered in the course of the crime of this case) under Article 62 (1) of the Criminal Act (the crime of this case is set up in the same manner as ordered in consideration of the following:

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