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(영문) 제주지방법원 2017.06.02 2017고단759
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a Chinese national foreigner who is called “C”, “D”, or “E”.

1. Any foreigner who violates the Immigration Control Act due to illegal stay may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period;

Nevertheless, on September 14, 2009, the Defendant entered Jeju-do with a death certificate and stayed in Jeju-do until he is arrested on March 23, 2017.

Accordingly, the defendant was staying in the Republic of Korea even with the duration of stay.

2. If a foreigner violating the Immigration Control Act in connection with illegal employment activities intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities;

Nevertheless, the Defendant did not obtain the status of stay from December 2016 to February 2017, the Defendant was entitled to KRW 50,000 per day to KRW 50,000 per day in the dry field in the Han River-Eup located in the Jeju-si from December 2016 to February 2017.

As a result, the defendant was engaged in job-seeking activities without obtaining the status of stay that can work.

3. No person who violates the immigration control by illegally arranging employment activities shall arrange for employment of a person who has no status of sojourn eligible for employment activities;

Nevertheless, the defendant

(a) introduce F without the status of stay that would engage in job-seeking activities in the French land in September 2016 to enable employment to work in the fish plantation and dry field cultivated by H located in G at the Jeju city, and arrange employment, as a consideration therefor, to F with an unsatisfy in the market;

B. On December 2016, the lower court introduced to H two members of I and J couple who did not have a status of sojourn to engage in job-seeking activities upon the request of H to introduce a person who will engage in job-seeking activities while living at H’s house at the lower end of Jeju-si, Han-si, Jeju-si, Jeju-si, 201, and arranged employment and, in return, received KRW 50,000 from the first husband and wife;

C. On February 21, 2017, K may engage in job-seeking activities at Buddhist areas around the morning.

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