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(영문) 청주지방법원 충주지원 2013.12.27 2013고단699
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person without the status of sojourn.

The Defendant employed 25 foreigners who did not have the status of stay to engage in job-seeking activities in the manufacturing plant for the absence of the PC operated by the Defendant in Chungcheongbuk-gun, including giving 5,000 won per day from June 11, 2013 to August 1, 2013 and employing 5,000 won per day from August 1, 2013, and who did not have the status of stay to engage in job-seeking activities as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Accusation of an immigration offender;

1. A copy of a certificate of foreign employment;

1. A list of illegal employers;

1. Application of a copy of business registration certificate;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18(3) of the same Act, each of the choice of applicable laws and punishment concerning facts constituting an offense; the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: Around June 2013, the Defendant again committed the instant crime even after having been issued a summary order of KRW 10,000 for the same kind of crime; the circumstances favorable to the number of foreign workers employed: The Defendant did not have any criminal record exceeding the fine; the Defendant’s reflects the crime; and other circumstances that are conditions for sentencing recorded in the records, such as the Defendant’s age, character and conduct, occupation and family environment, shall be considered.

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