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(영문) 서울남부지방법원 2020.07.24 2020고단2479
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years 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 any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from October 2, 2019 to October 11, 2019, the Defendant employed a foreigner E (E and F) of Thailand nationality who does not have the status of sojourn eligible for employment at the “D” sexual traffic business establishment operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government Office Btel C as an employee of sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G and E;

1. Information on sojourn and entry into or departure from Korea;

1. Answer to request an accusation of a person who violates the Immigration Control Act;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Optional to Imprisonment) of the choice of punishment;

1. The employment of foreigners who do not have the status of sojourn for the reason for sentencing under Article 62(1) of the Criminal Act requires strict punishment of harm to society as a whole, such as impairing the effectiveness of the immigration control policies of the country, promoting the illegal stay of foreigners, etc.

Furthermore, the defendant's illegal aliens are required to engage in sexual traffic and the nature of the crime is not good.

However, considering the fact that the defendant closes down his/her business place of sexual traffic, the employment period is shorter than ten days, the defendant is under trial by the act of arranging sexual traffic, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions, such as the circumstances after the crime, the punishment as ordered shall be determined.

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