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(영문) 수원지방법원 2017.01.12 2016고단7608
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 arrange the employment of any foreigner who does not have the status of sojourn eligible for employment activities.

Nevertheless, on October 19, 2016, the Defendant received request from D, who will request a person to work on a farm, and recruited 15 foreigners who did not have the status of sojourn to work, such as “the list of employment foreigners” as shown in the attached Table, such as G, etc., in the vicinity of “F cafeteria” located in Chuncheon City, 19,000 of the same month, and received 10,000 won, respectively, in return for employment mediation from them.

As a result, the defendant arranged the employment of foreigners who do not have the status of sojourn eligible for employment activities as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and examination of suspects of D by the prosecution;

1. Application of Acts and subordinate statutes, such as making an investigation report, reporting on immigration offender enforcement activities, written accusation, written opinion, written notice of decision on examining each immigration offender, entry of each case into the register of illegal employment foreigners, inquiry into comprehensive records of illegal employment foreigners, etc.;

1. Article 94 Subparag. 10 of the relevant Act and Articles 18 (4) and 18 (1) of the Immigration Control Act regarding facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order arranged the employment of foreigners who illegally staying in Korea as a business.

The number of foreigners arranging employment has reached 15 and has been subject to criminal punishment for the same crime even before.

In this respect, it is not severe punishment.

On the other hand, the defendant recognized the facts of crime and erred.

In addition to a fine, it is also recognized that the history of criminal punishment is not confirmed.

In addition, the above circumstances and the defendant's age, sex, environment, etc.

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