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(영문) 울산지방법원 2017.07.13 2017고단1609
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person is prohibited from employing a foreigner who does not have the status of sojourn eligible for job-seeking activities. However, even from December 1, 2016 to March 8, 2017, the Defendant employed 30 foreigners who are not capable of engaging in job-seeking activities, including the Defendant’s total of 30 foreigners who are unable to engage in job-seeking activities, such as the list of crimes in the attached Form, to whom the Defendant’s management “D” did not have the legitimate status of sojourn eligible for job-seeking activities in the Defendant’s management “D” in Ulsan-gu, Ulsan-gu.

2. Although a person is not allowed to employ or arrange the employment of a foreigner who has not obtained the permission to change or add his/her workplace, the Defendant employed the F of the Thailand nationality who has not obtained the permission to change or add his/her workplace from February 1, 2017 to March 8, 2017 and who is in charge of the production-based assembly affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. An investigation report (overtime 8);

1. Application of Acts and subordinate statutes to a written confirmation on employment of foreigners, a registered foreigner record, a short-term stay period extension, and a written statement;

1. Subparagraph 9 of Article 94 of the Immigration Control Act, Article 95 subparagraph 6 of the same Article, Article 18 (3), Article 21 (2) and Article 21 (1) of the same Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the stay of execution (the selection of a suspended execution, comprehensively taking into account persons who are disadvantageous to or favorable to the defendant, such as the scale of employment, period of employment, degree of reflective attitude, criminal records and the details of crimes);

1. The community service order under Article 62-2 of the Criminal Act;

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