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(영문) 광주지방법원순천지원 2020.08.12 2019고단2909
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

Criminal facts

From January 24, 2018 to May 9, 2019, the Defendant arranged for the employment of 27 Russia who did not have the status of sojourn eligible for employment in the “C” located in Bosung-gun, Jeonsung-gun, to work in a single farming household in the Jeonsung-gun, Bosung-gun, and received 1 to 20,000 won from D as a fee, etc., and received 1 to 20,000 won from them.

As such, the Defendant arranged the employment of foreigners who have no status of sojourn eligible for employment activities as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, D, G, and H;

1. Each statement of I, J and K;

1. A written accusation;

1. Investigation report (related to attachment of a certificate of employment arrangement) - The certificate of employment arrangement, the ledger of acceptance of the case (the list of enforcement foreigners), the detailed inquiry of long-term foreigners, investigation reports (related to confirmation of illegal employment period for foreigners), enforcement records, investigation reports (related to confirmation of illegal employment period), and the application of Acts and subordinate statutes to the

1. Article 94 Subparag. 10 of the Immigration Control Act and Articles 18(4) of the same Act, the choice of punishment for an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the period in which the defendant committed a violation, the number of foreigners arranged by the defendant, the amount of the price acquired by the defendant, the defendant's perception of his/her mistake, the responsibility to support the wife and the three children, and other various sentencing conditions recorded in the records, such as the defendant's age, character and conduct, environment, criminal records, the background and result of the instant crime, the circumstances after the crime, etc., shall be considered and determined as the order.

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