(영문) 의정부지방법원 2017.05.12 2017고단983

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(영문) 의정부지방법원 2017.05.12 2017고단983

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

The Defendant is a person who is operating the “C” as a business processing company in two weeks.

No person shall employ any foreigner having no status of sojourn eligible for employment activities pursuant to relevant Acts and subordinate statutes.

Nevertheless, on December 20, 2016, the Defendant employed 22 foreigners who did not have the status of stay eligible for employment as shown in the separate sheet of crimes, including paying KRW 1350,000 per month from January 3, 2017 to January 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, written decision on examination, and written opinion;

1. A written confirmation on the employment of foreigners, each foreigner's written statement, and each immigration offender's notice of examination;

1. Application of statutes on business registration certificates;

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The act of employing foreigners who do not have the status of stay for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence requires strict control in light of the fact that the normalization of the employment market and the promotion of illegal stay by the relevant foreigners, and that the number of illegal stay workers employed by the Defendant is also large, the criminal liability of the Defendant is not against the law.

However, in full view of the following circumstances: (a) the Defendant led to the confession of each of the instant crimes; (b) there was no record of punishment for the same kind of crime; and (c) the Defendant’s age, occupation, sexual conduct; and (d) the details and circumstances after the commission of the crime, etc., the

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