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(영문) 춘천지방법원 원주지원 2019.07.11 2019고단399
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 a non-processed factory under the trade name of "C" in Ischeon-si B.

If 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 foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from April 8, 2019 to April 10, 2019, the Defendant employed 16 foreigners who were not granted the status of stay that allows them to engage in job-seeking activities in the aforementioned “C” factory, as condition for paying KRW 80,000 per day. From April 8, 2019 to April 10, 2019, the Defendant employed 16 foreigners who were not granted the status of stay that allows them to engage in job-seeking activities, such as the list of crimes, from April 8, 2019 to April 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. - The employee list of foreigners;

1. - A notice of decision on examining an immigration offender; and

1. - A certificate of foreign employment.

1. - A written statement of the foreigner employed;

1. - The details of entry or departure records;

1. - Application of Acts and subordinate statutes of documentary evidence.

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 concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The instant crime is an act that could deprive the foreigner having the status of stay of stay of stay of residence of the opportunity for employment and hinder the immigration control of foreigners, and requires strict punishment in order to eradicate such act.

In light of the fact that the defendant employs 16 or more foreigners who have no status of stay, the defendant's liability for the crime is not against the law.

The defendant seems to temporarily employ a foreigner who has no status of sojourn.

There is no record that the defendant reflects the crime of this case and has been punished for the same kind of crime and the suspension of the execution of imprisonment.

The age, character and conduct, environment, and environment of the defendant.

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