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(영문) 수원지방법원 안산지원 2013.10.01 2013고단1242
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

The Defendant is a person who operates the “E” as a private withdrawn manufacturing business entity in Gyeonggi-do Si, Si-si.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any foreigner who has not obtained the said status of sojourn.

Nevertheless, the Defendant, from March 30, 2012 to February 14, 2013, employed the Defendant as the condition that the Defendant would grant monthly pay KRW 1.8 million to the F of the nationality of Thailand, who entered the Republic of Korea as the status of stay B1 (Visa exemption) without employment eligibility.

In addition, the Defendant employed 12 foreigners who did not obtain the status of stay to work as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A charge of immigration offenders, each decision on examining and notifying the immigration offender, a written confirmation on foreign employment and a criminal investigation report;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense;

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 (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature and result of each of the crimes in this case and the significant criminal facts, but there are no previous crimes and criminal records of suspended execution or more, and the defendant has committed a false offense in depth and the social relationship of the defendant is clear, and all other circumstances, such as the motive and circumstances of each of the crimes in this case, the age of the defendant, occupation, family

1. Probation and community service order shall be judged as ordered for the reason of not less than Article 62-2 of the Criminal Act;

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