logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.01.12 2016고단1383
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, while engaging in the manufacturing business in the name of “C” in the Gumi-si B from June 13, 2016 to September 5, 2016, employed 11 foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, including giving up KRW 1.2 million monthly employment to China who entered the Republic of Korea with visa (C-3,030) and giving up KRW 1.2 million per month.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. An inquiry about a decision on review or notification, or comprehensive records of immigration offenders related thereto;

1. Application of statutes on business registration certificates;

1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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. The act of employing a foreigner who is not disqualified for employment on the grounds of sentencing under the main sentence of Article 62(1) of the Criminal Act, is not against the Defendant’s responsibility, due to the act of reducing the opportunity for employment of nationals and qualified foreigners with employment qualifications and causing trouble to the affairs of immigration control of foreigners.

However, there is no criminal record exceeding the same criminal record or fine, and considering the practical difficulties in the manufacturing business management and employment environment favorable to the defendant.

In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, sex, family relation, etc., shall be comprehensively considered and sentenced as the disposition.

arrow