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(영문) 수원지방법원 평택지원 2014.06.25 2014고단518
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 is a person who operates the “C” in Pyeongtaek-si B.

In order for a foreigner to be employed in the Republic of Korea, he/she shall obtain the status of stay eligible for job-seeking activities, as prescribed by Presidential Decree, and no one shall employ any person who does not have such status of stay. From March 1, 2014 to March 26, 2014, the defendant employed three persons, including the Republic of Korea, three persons, seven persons Vietnam, three persons Ethiopis, three persons, and 15 persons, China, who are China, who do not have such status of stay for 15 times in total, as shown in the list of crimes in attached Table, including employment of D (Nam and E) who did not have such status of stay in C.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a report on the result of crackdown on immigration offenders;

1. Application of Acts and subordinate statutes to each copy of a statement;

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. Selection of each sentence of imprisonment with prison labor (it shall be taken into account that there has been any past record of being punished twice due to a mistake in the same type);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Employment of foreigners without the status of sojourn eligible for sentencing under Article 62(1) of the Criminal Act requires strict consideration in light of the following: (a) employment of foreigners without the status of sojourn eligible for sentencing under Article 62(1) of the suspended sentence; (b) deprivation of employment opportunities for Koreans and foreigners in the Republic of Korea; and (c) exploitation of exploitation of illegal aliens or their criminal acts; (d) however, it is difficult for the Defendant to recognize the facts charged in the instant case and reflect his mistake; (b) there are circumstances to take into account some of the circumstances in the course of the crime; (c) there is no history of punishment for the Defendant heavier than the fine; and (d) there is no history of punishment for the Defendant’s age, character and conduct; and (e)

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