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(영문) 청주지방법원 충주지원 2017.09.26 2017고단685
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of C located in the Sound Group B of Chungcheongbuk-do.

When a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, on April 20, 2017, from around May 16, 2017 to around May 16, 2017, the Defendant employed 44 foreigners who did not have the status of sojourn eligible to engage in job-seeking activities, i.e., daily salary of KRW 80,000,000, and employed 80,000, not having the status of sojourn eligible to engage in job-seeking activities, as described in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A certificate of employment of foreigners;

1. Business registration certificate and contract for work;

1. Personal information, etc. on foreigners employed;

1. Four-four copies of a notice of decision on the examination of an immigration offender;

1. Application of Acts and subordinate statutes to each investigation report (whether enforcement foreigners leave the Republic of Korea, F investigation, attachment of a statement of deposit, the currency of staff of the immigration office, and notice of decision on examining an immigration offender);

1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act (the point of employment of foreigners without status of sojourn) on criminal facts, and the choice of imprisonment with prison labor;

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 crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant employed a foreigner who does not have the status of sojourn to seek human resources from a normal route due to the fact that the defendant operated a manufacturer of concrete rocks on a large scale, and imposes significant sales on him/her. The crime of this case is punishable by imprisonment in view of the method, circumstance, and result of the crime, etc., whose quality is inferior.

However, the defendant confessions all of the crimes of this case and reflects his depth, and the defendant is sentenced to a suspended sentence in consideration of the first offender who has no previous criminal record.

(2).

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