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(영문) 광주지방법원 해남지원 2019.06.27 2019고단159
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, from March 12, 2019 to March 19, 2019, the Defendant employed 20 foreigners, who did not have the status of sojourn eligible for employment through short-term visits (C-3) in Jindo-gun, Jindo-gun, to pay KRW 40,00 per day to foreigners of Vietnam, who do not have the status of sojourn eligible for employment, and who did not have the status of sojourn eligible for employment through the same method as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Each statement;

1. A certificate of employment of foreigners (mediation);

1. Investigation report (the No. 15 of the evidence list);

1. One copy of each status of individual entry and departure;

1. Application of statutes on workplaces and lodging photographs;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an act that could deprive the foreigner having the status of stay of stay of sojourn of the opportunity to employ the foreigner and hinder the immigration control of the foreigner. In order to eradicate the crime, there is a need to strictly punish the foreigner. In light of the fact that the number of foreigners having no status of stay of sojourn is 20 or more, and the defendant’s liability for the crime is not less complicated

However, considering the favorable circumstances, such as the fact that the defendant recognizes the crime and reflects the mistake, that the defendant seems to temporarily employ human resources while operating the farm, that the defendant has no criminal records for the same kind of crime, and that there is only two previous fines.

The age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc. shall be recorded and recorded.

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