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(영문) 수원지방법원 2017.08.17 2017고단3196
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of manufacturing motor vehicle steering equipment in the trade name of "E" in Da in Mosung City.

If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and shall not employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, from February 20, 2017 to April 20, 2017, the Defendant entered the said company operated by the Defendant as a license for visa exemption (B-1) and employed Thailand F (G livelihood) whose sojourn period expires on April 10, 2017, and 15 foreigners who did not have the status of stay as shown in the list of foreigners employed by the Defendant, were employed as a production assistant on condition that 1.4 million won per month salary is paid.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, H, I, J, K, L, M, N,O, P, Q, R, M, T, and U;

1. A written inquiry about each immigration information;

1. A report on immigration offenses control activities;

1. Application of Acts and subordinate statutes to a written accusation, written opinion, examination decision;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment for a crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the condition that the number of foreigners employed is very large and the period of employment is also long;

It is difficult to see that there is no record of criminal punishment, circumstances leading to the crime, the health of the defendant, etc.

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