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(영문) 부산지방법원 서부지원 2020.05.27 2020고단168
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any foreigner who has no such status of sojourn.

The Defendant: “D” (Name E) and “G” (Name E) of the Marina Location located in Jin-gu, Jin-si, Jin-si and 2nd C; from September 16, 2018 to October 15, 2019, entered the Republic of Korea as visa exemption (B-1) and illegally employed eight Thailand, who are unable to engage in job-seeking activities, as shown in the annexed Table of crime, for the same period, as well as from September 16, 2018 to October 15, 2019.

As a result, the Defendant illegally employed 8 people who do not have the status of stay to engage in job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect with regard to I;

1. Statement of each police statement against J, K and L;

1. Domestic investigation report (including the entry into, sojourn in, and accompanying documents of, the person who is a specific attitude), investigation report (including the issuance of detention orders to two countries of the enemy origin and reports on the place of stay and accompanying documents of two countries of the enemy origin), investigation report (including the accompanying documents), and investigation report (including five additional heads of marina offices who are illegal employment attitudes, reports on the place of stay, and accompanying documents);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is against the defendant's wrong judgment, the closure of marina business and employment in the textile plant and not re-offending. The first offender who has no criminal history is the defendant's age, character, conduct and environment.

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