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(영문) 수원지방법원 안산지원 2020.02.13 2019고단4096
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall employ any foreigner having no status of sojourn eligible for employment in the Republic of Korea.

Nevertheless, from July 8, 2019 to July 22, 2019, the Defendant employed Da, E, F, G, and H5 of the nationality of Thailand who did not have a legitimate status of stay for employment, as an employee of the relevant marina business establishment, on the condition that the Defendant pays KRW 1.5 million per month salary, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Investigation report (verification of the status of stay of five Thailand);

1. Five stay status as a country of illegal employment;

1. Application of statutes on site photographs;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. All circumstances such as the substantial number of foreigners who are not qualified for employment employed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant misleads the defendant, and the fact that the defendant has no criminal record exceeding the same criminal record and fine

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