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(영문) 부산지방법원 2017.04.12 2017고단724
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 who operates a marina business with the trade name “D” in Busan Central District C.

No person is allowed to employ a foreigner who does not have the status of sojourn eligible for job-seeking activities, but the defendant was employed on the condition that he/she pays 50% of the fee of ma, F, G, H, I, J, K, and L, China, who did not have the status of sojourn eligible for job-seeking activities between August 15, 2016 and October 10.

Accordingly, the Defendant employed 8 foreigners who did not have the above status of sojourn eligible for employment activities, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Accusation of an immigration offender, notice of decision on examining an immigration offender, certificate of employment of foreigners, copy of business registration certificate, detailed inquiry of each immigration record, and application of Acts and subordinate statutes of each registered alien record card;

1. Article 94 of the relevant Act and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act regarding facts constituting an offense;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is under investigation by the Defendant, and thus, the crime of this case is not against the law that employs eight foreigners who do not have the above status of sojourn eligible for continuous job-seeking activities.

However, the sentencing conditions of the defendant, such as the defendant's age, occupation, sex, family relation, motive and background of the crime, and circumstances before and after the crime, shall be comprehensively considered in determining the same sentence as the order.

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