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(영문) 청주지방법원 2016.04.28 2015노1519
출입국관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court (Defendant A: six months of imprisonment; two years of probation; two years of community service order; 80 hours of community service order; and Defendant B: fine 15 million won) is too unreasonable.

2. The circumstances favorable to the Defendants are as follows.

Defendant

A does not have any previous offense subject to a fine exceeding a fine.

Defendant

A has employed foreign workers who have no status of stay in order to engage in plastic manufacturing business, which is difficult to seek an employee.

The circumstances unfavorable to the Defendants are as follows.

Defendant

A was sentenced to a fine of KRW 700,000 for a violation of the Labor Standards Act in 2010, a fine of KRW 9 million for a violation of the Immigration Control Act in 2012, and a fine of KRW 1.5 million for a violation of the Workers' Retirement Security Act in 2015.

The employment of illegally staying foreigners is likely to disrupt the immigration control order and work exploitation and human rights violations for illegally staying foreigners.

The crime of this case is continuously employing 6 foreign workers from 1 month to 10 years, and the quality of the crime is not weak.

In full view of the various circumstances surrounding the above Defendants’ age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the instant records and arguments, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

The Defendants’ assertion is not accepted.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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