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(영문) 의정부지방법원 고양지원 2021.03.17 2020고단3371
출입국관리법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is operating a cleaning company in the name of "B" in the ancient city. On January 31, 2019, the Defendant is also operating in the name of "D" in the name of "D" on the 2nd floor of the Goyang-si.

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

1. On January 27, 2017, the Defendant was employed as an employee of the aforementioned cleaning company for KRW 1,500,000 of the monthly salary 1.5 million, who committed the crime related to the cleaning company.

In addition, from September 15, 2020 to September 15, 2020, the Defendant employed 7 employees of the foregoing cleaning company, who did not have the status of stay to engage in job-seeking activities as shown in attached Table 1.

2. On July 2019, the Defendant employed the F, who did not have the status of stay to engage in job-seeking activities at the time of F, as an employee of the business place of Thailand, for a monthly salary of KRW 1.5 million.

In addition, from that time until January 7, 2020, the Defendant employed four (4) Thailand employees who did not have the status of stay to engage in job-seeking activities, such as attached Table 2, as shown in the list of crimes committed by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to investigate and report (the entry into and departure from the Republic of Korea and the status of stay of foreigners in the list of crimes) a copy of seized articles, a copy of the investigation report (the former contractor and the statement of payment of electricity fee) on the police statements made to G, E, H and I, a copy of the respective police statements made by K, and letters and photographs made by K on cell phone, photographic investigation report (the status of entry into and departure from Korea and status of stay of foreigners in the list of crimes)

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the former Immigration Control Act (amended by Act No. 17089, Mar. 24, 2020) regarding criminal facts and the selection of punishment

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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