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(영문) 대구지방법원 김천지원 2017.07.11 2017고단501
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 a person who operates the “C” of a manufacturer of mobile phone parts in the Gu, Si, B and 104.

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, from March 12, 2017 to March 21, 2017, the Defendant employed 23 foreigners who did not have the status of sojourn eligible for employment as shown in the attached crime list, including employing D, who did not have the status of sojourn eligible for employment in the above “C” operated by the Defendant, and employed 23 foreigners who did not have the status of sojourn eligible for employment as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, H, I, J, K, L, M, M, N, P, Q, R, S, T, U,V, W, X, Y, and Z;

1. Application of each decision on examining an immigration offender and notice, and comprehensive inquiry into records of persons related to entry or departure;

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 reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as set forth below) led to 23 foreigners who did not have the status of sojourn that enable the Defendant to engage in job-seeking activities.

However, the defendant reflects the crime of this case.

Defendant has no record of criminal punishment for the same crime.

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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