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(영문) 대구지방법원 2017.07.20 2017고단2824
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

In employing foreigners, no person shall employ any person without the status of sojourn eligible for employment under the Immigration Control Act.

Nevertheless, from around 28, 201 to around 27, 2017, the Defendant employed 28 persons, such as Thailand nationality D, who did not have the status of stay that can be employed as described in the annexed crime list, from the manufacturer of automobile rubber parts operated by the Defendant in Yongcheon-si, B from around 28, 201 to around 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. 28 statements, such as D;

1. A written notice of examination and decision;

1. Application of Acts and subordinate statutes regarding comprehensive inquiries about immigration records;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment for a crime;

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. Reasons for sentencing under Article 62(1) of the Suspension of Execution Act - Unfavorable circumstances: The employment of foreigners who do not have the status of sojourn eligible for employment: the normalization of the employment market is hindered and it is necessary to strictly regulate the foreigner's illegal stay; the number of foreigners employed is not significant; the number of foreigners employed is recognized and against all favorable circumstances; the first offender is recognized and against all of the crimes; the defendant's age, sex behavior, environment, motive and circumstance of the crime; and the circumstances after the crime, etc. are considered, and the punishment is determined as ordered.

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