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(영문) 서울중앙지방법원 2019.03.26 2018고단8443
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a unemployed of "C", which is a building B in Gangnam-gu Seoul and a business establishment of the Thaima branch located in the second floor.

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 a person not having the status of sojourn prescribed by the Act.

Nevertheless, from July 9, 2018, the Defendant: D, who entered the above business establishment as a member of visa exemption (B-1).

9. E by December 13, 200, who entered the same qualification.

9. From April 1, 9

9. Until March 13, F, who entered the same qualification,

9. From May 1, 9

9. By January 13, 197, employment was made by each head of marina branch office.

Accordingly, the defendant employed foreigners who did not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 94 subparagraph 9 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018) and Article 18 (3) of the same Act (amended by Act No. 15492, Mar. 20, 201);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, inasmuch as the Defendant had committed the instant crime in spite of three times a previous convictions of the same kind of fine, the liability for the instant crime is not weak.

However, considering the fact that there is a large number of illegal aliens employed by the defendant and the employment period is not long, circumstances favorable to the defendant's erroneous recognition and reflection, and other circumstances that form the conditions for the sentencing specified in this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

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