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(영문) 대구지방법원 포항지원 2018.11.14 2018고단1203
출입국관리법위반
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 10,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates B Co., Ltd. located in Nam-gu, Nam-gu, and is a person who subcontracted the extension work of F Elementary School Teachers at the time of racing from D Co., Ltd. to the construction work.

From April 1, 2018 to July 10, 2018, the Defendant employed 16 foreigners who did not have the status of stay to work at the site of the construction work for expanding the above F Elementary School Teachers at China (H birth and South) and employed 16 foreigners who did not have the status of stay to work as shown in the list of crimes attached hereto.

2. Defendant B, who is an employee of the Defendant, employed foreigners who did not have the status of sojourn eligible for job-seeking activities regarding the Defendant’s business as above at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a written accusation of an immigration offender (including all accompanying documents);

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (Selection of Imprisonment with prison labor for each type of crime) for Defendant B: Articles 99-3 subparagraph 2, 94 subparagraph 9, and 18 (3) of the Immigration Control Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. In full view of the circumstances following the sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.), the sentencing conditions indicated in the records, such as Defendant A’s age, occupation, sex, family relation, and circumstances before and after the crime, the sentence identical to the order shall be determined.

3. Unfavorable circumstances: The number of illegal employees is not a large number of workers, and the criminal liability is not less severe due to the considerable period, and the above crime is likely to interfere with the normalization of the employment market and to encourage illegal stay of the relevant foreigners, and thus, it is more favorable that it is necessary to strictly control the relevant foreigners: Defendant A.

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