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(영문) 의정부지방법원 2017.06.07 2017고단1010
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is operating the "C" as a sales-manufacturing company in two weeks.

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

Nevertheless, on November 1, 2008, the Defendant entered the status of non-professional employment (E-9) from the above company as a non-professional employment (E-9) and employed a total of 14 foreigners who did not have the status of sojourn that could be employed as a result of illegal stay without departing from the Republic of Korea before October 31, 201, the expiration date of the period of sojourn, by paying KRW 1.2 million per month from November 14, 2016 to January 19, 2017, and employed 14 foreigners who did not have the status of sojourn that could be employed as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. A certificate of employment of foreigners;

1. Certificate of business registration;

1. A notice of decision on examining an immigration offender;

1. Application of Acts and subordinate statutes on foreigners' statements;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning facts constituting an offense;

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 Defendant’s act of violation of the Immigration Control Act on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable circumstance for sentencing as set forth below) is deemed to have become 14 employees or more, and it is difficult to view that the Defendant’s act of violation of the Immigration Control Act is a legal holiday or warning

In principle, it is inevitable to punish foreigners in accordance with the purpose of the Immigration Control Act for stabilizing domestic employment and establishing the sojourn system of foreigners.

However, the punishment as ordered shall be determined by considering the fact that the workplace operated by the defendant is small and difficult to secure labor force, the defendant has no previous conviction, the defendant's age, sex, environment, attitude after the crime, etc.

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