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(영문) 수원지방법원 평택지원 2019.09.26 2019고단984
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing store with the trade name “D” in Pyeongtaek-si B building and C.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from June 3, 2019 to June 27, 2019, the Defendant employed 9 foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, such as: (a) at the instant “D” shop; (b) at the Russian nationality, who did not have the status of sojourn eligible for employment; (c) at the intervals of KRW 10,000 per hour; and (d) employment as a customer entertainment loan.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and account books of business;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Optional to Imprisonment) of 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. Although the suspended sentence was controlled and punished for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, the punishment for such crime is not somewhat weak in that it repeats the same crime at the same place.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances that there is no record of punishment exceeding the fine, and that the confession, reflect, and not repeat the crime in this case.

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