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(영문) 의정부지방법원 고양지원 2015.10.16 2015고단1747
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person shall employ any foreigner who has no qualification to sojourn in the Republic of Korea to engage in employment activities.

From January 12, 2015 to March 2, 2015, the Defendant employed the Thailand’s nationality D with a view to KRW 1.8 million, who was not eligible to engage in job-seeking activities, at the “C” located in Goyang-si B and 1002-1, Goyang-si, Goyang-si.

In addition, the Defendant employed 22 foreigners who were not qualified to engage in job-seeking activities by the aforementioned means over 22 times from January 12, 2015 to March 2, 2015, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a list of controlled foreigners, and a statement of employment of controlled foreigners;

1. Application of the Acts and subordinate statutes to report on investigation (the stay and scope of employment activities of foreigners, and the compulsory expulsion of controlled foreigners);

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

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act prevents the normal flow of the employment market by employing foreign workers who are not eligible to work for the defendant, and the number of employed foreign workers was 22, and was punished as a violation of the Medical Service Act by employing such foreign workers and operating marina business.

On the other hand, the employment period of foreign workers employed by the defendant does not do so, and there is no history of punishment exceeding punishment and fine due to the same kind of crime.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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