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(영문) 수원지방법원 2017.03.31 2016고단7969
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 of "2016 Highest 7969" is a person who operates D's "D" located in Yeongdeungpo-gu Seoul Metropolitan Government.

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, the Defendant, on September 20, 2016, employed 7,000 won as the vehicle rent of the above company operated by the Defendant, including E, F, G, H, I, J, and K, who is a Thailand with no status of stay eligible for employment from around October 17, 2016 to around October 17, 2016.

On December 21, 2016, the Defendant was indicted on the violation of the Immigration Control Act on December 21, 2016 and is still pending in the trial.

The Defendant is a person who operates “M” in L in light of broad life.

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

Nevertheless, from March 1, 2015 to November 21, 2016, the Defendant employed four foreigners who did not have the status of sojourn eligible for employment, such as the entry in the list of crimes in the attached Table, including that the Defendant employed N as an employee under the condition that he would pay 6,200 won at the time, who entered the place of origin that does not fall under the status of sojourn eligible for employment.

Summary of Evidence

[2016 Highest 7969]

1. Statement by the defendant in court;

1. A copy of the statement of the foreigner employed by the defendant (No. 7);

1. Accusation of an immigration offender, or inquiry into tax matters on the record of entry or departure;

1. A list of foreigners employed by the employee, and a certificate of employment of foreigners (2016 high group 7997);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written accusation, written contracts, and written confirmation of employment of foreigners;

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 Code, and Article 38.

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