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(영문) 대전지방법원 홍성지원 2016.03.16 2015고단1226
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

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

Nevertheless, from December 28, 2014 to July 30, 2015, the Defendant employed 14 illegal aliens at KRW 1.3 million per month to July 30, 2015, respectively, as indicated in the list of crimes in the attached Table, as the Defendant employed 14 persons, from December 31, 201 to July 30, 201, as the monthly wage of KRW 1.3 million to KRW 2 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written decision on examination, written report on control of immigration offenders, written notice of decision on examining immigration offenders, and written foreigner statements;

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;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The crime of this case that employs foreign workers who have no status of sojourn that allows them to engage in job-seeking activities shall interfere with the normal flow of the employment market by the crime of this case. The crime of this case is against the wrong fact that the crime of this case reflects the promotion of illegal stay of foreigners, there is no record of the same crime, and there is no record of punishment more than the suspension of execution (the penalty once).

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