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(영문) 인천지방법원 2016.05.26 2016고단522
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the name of “D” on the fifth floor of the Seo-gu Incheon Metropolitan City C building.

No person shall employ any person who has no status of sojourn eligible for employment activities.

Nevertheless, from October 1, 2015 to December 11, 2015, the Defendant employed six foreign nationals of Thailand nationality who do not have the status of stay for employment as an employee by paying KRW 1.5 million per month, including employment as an employee, from October 1, 2015 to December 11, 2015 to pay KRW 1.50,000 per month, six foreign nationals of Thailand nationality who do not have the status of stay as shown in the annexed list of crimes, from October 1, 2015 to December 11, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each Thailand;

1. A certificate of employment of foreigners;

1. Notice of each decision on judicial review of entry into or departure from Korea, and application of each statute for detailed inquiries;

1. Article 94 of the relevant Act on criminal facts and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act on the selection of punishment;

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 (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, committed the instant crime again even though he/she had a record of being punished for the same kind of crime, and the Defendant closed his/her business on April 7, 2016, and would not prevent the instant crime in the future.

The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the defendant's age, occupation, sex, environment, the circumstances before and after the crime of this case, and all the conditions of sentencing as shown in the records.

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