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(영문) 창원지방법원 2019.05.31 2019고단397
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant operated an entertainment drinking house in the Jinhae-gu B building and the 5th floor of Changwon-si, and employed six foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, including employing the D(E) of the Thailand’s nationality, which did not have the status of sojourn eligible for employment from October 1, 2018 to December 3, 2018, as entertainment reception service personnel, at the above main point.

Summary of Evidence

1. Defendant's legal statement;

1. A women's statement in Thailand;

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment for the crime, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated concurrent crimes: The defendant committed the instant crime despite having been convicted of a summary indictment of a fine of KRW 7 million in the Busan District Court on April 5, 2018, on the ground that he/she was sentenced to two years of suspension of execution for August due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Changwon District Court on April 13, 2018, who was confirmed on April 13, 2018 and was under control on August 28, 2018 and on November 8, 2018, on the ground that he/she was employed by a foreigner having no status of stay to engage in the same activity as the instant crime during the suspension period.

In addition, the number of foreigners employed illegally by the defendant is the number of foreigners.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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