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(영문) 창원지방법원 2019.10.02 2019고단1684
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant operated the “C” entertainment tavern in Kimhae-si B, and employed 11 foreigners, who did not have the status of sojourn for employment, including employment of women of Chinese nationality D, who did not have the status of employment from February 2, 2019 to May 14, 2019, as entertainment reception workers, as shown in the attached list of crimes, as well as employment of 11 foreigners who did not have the status of sojourn for employment, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, F, G, H, I, J, K, L, M, and N;

1. Business license certificate, business registration certificate, and emergency protection certificate;

The application of Acts and subordinate statutes on the current status of entry into and departure from the Republic of Korea shall be made on internal report (the attachment of control bonds photographs and images), immigration tax records review

1. Relevant Article of the Criminal Act and Articles 94 subparagraph 9 and 18 (3) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s age, character and conduct, family relationship, the content and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined as indicated in the Disposition.

Disadvantageous circumstances: The level of damage to the entry and departure of foreigners and employment order of foreigners is high by employing 11 foreigners who have failed to secure the status of stay as entertainment visitors, etc.

Even in 2015, the defendant has a record of being subject to the same offense and subject to the penalty disposition.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

Defendant has no past record of criminal punishment.

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