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(영문) 서울중앙지방법원 2018.06.22 2018고단2743
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

The Defendant is a person who operates the solar marina business in the Yangcheon-gu Seoul Metropolitan Government 5th floor of "C".

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

Nevertheless, from the end of September 2017 to October 11, 2017, the Defendant employed six (6) Thailand, who did not have the status of sojourn eligible for employment as shown in the list of crimes in the attached Table, as a marina branch, under the condition that the Defendant would pay KRW 100 to 15 million per month the status of stay for employment upon entering the above “C” to the visa exemption (B-1) and does not have the status of sojourn eligible for employment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Accusation of an immigration offender, written opinion, each immigration offender's review notice, copy of the certificate of foreign employment, and copy of the business registration certificate (C) shall apply; and

1. Article 94 subparagraph 9 of the relevant Article of the Immigration Control Act, Article 18 (3) and (1) of the Immigration Control Act, Article 23 (1) of the Enforcement Decree of the Immigration Control Act, and the selection of imprisonment for a crime;

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 reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that, due to the act of employing a foreigner who does not have the status of sojourn eligible for employment activities, the defendant has committed the same kind of crime even though he/she was punished by a fine or received a notice of penalty on three occasions in violation of the Immigration Control Act.

However, there are extenuating circumstances, such as the fact that the Defendant appears to be against the Defendant when recognizing the instant crime.

In full view of such circumstances as well as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, all the sentencing conditions specified in the arguments in this case shall be determined as ordered.

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