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(영문) 대구지방법원 2013.11.29 2013노1646
출입국관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) by the lower court is excessively unreasonable.

2. Ex officio determination

A. We examine ex officio the case at the trial, and the prosecutor applied for changes in the indictment of this case as follows, and this court permitted changes in the indictment of this case, so the judgment of the court below can no longer be maintained.

B. In the revised facts charged, the Defendant is a person who is equipped with the business size of 50 square meters, 2 shower facilities, 2 toilets, 2 rooms, and 5 rooms, which are capable of receiving a kitchen, a kitchen, and a massage on the trade name of Nam-gu B 2 “C” at the time of port.

No person may employ a foreigner who does not have the status of stay eligible for employment activities as prescribed by Presidential Decree, even if the defendant entered the eligibility for visa exemption (B1,090) on July 7, 2012, and entered the D (EM, D expiration: October 5, 2012) of the nationality of the Thailand in an unlawful stay as the eligibility for visa exemption (B1,090 won) from October 4, 2012 to October 17, 2012 (B1,090): the defendant paid the visa from October 4, 2012 to October 14, 2012 to 10,000 won during an illegal stay (B1,090) and paid the visa from October 4, 2012 to October 14, 2012 to 10, 2014, respectively.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

As stated in paragraph (2) above.

Summary of Evidence

1. The original judgment and the statement in court room of the defendant;

1. Each statement prepared in D, F, and H;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article of the Criminal Act and the Immigration Control Act concerning the selection of punishment, respectively;

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