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(영문) 대구지방법원 김천지원 2017.12.19 2017고단1547
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is the representative of the “C” manufacturer of motor vehicle parts in the Gu and America.

When a foreigner intends to work in the Republic of Korea, he shall obtain the status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, around July 1, 2017, the Defendant employed 14 foreigners who did not have the status of sojourn eligible for employment activities in the above “C” as well as the status of sojourn eligible for employment activities, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Notice of decision on examining each immigration offender, inquiry into comprehensive records of persons related to entry into or departure from Korea, and application of statutes on business registration;

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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) leads to 14 foreigners who do not have the status of sojourn that the defendant has been allowed to engage in job-seeking activities.

However, the defendant reflects the crime of this case.

The defendant has no history of criminal punishment.

In the above circumstances, the defendant's age, sex, family relationship, and circumstances after the crime, including the period in which the defendant employs foreigners, shall be determined as ordered by considering all the conditions of sentencing.

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