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(영문) 서울중앙지방법원 2015.08.20 2015고단2353
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

The defendant is a person who operates a Mama company in Thailand with the trade name "C" from the third floor in Seoul Special Metropolitan City, Gwanak-gu.

1. The Defendant from around May 11, 2014 to the same year.

8. By January, 800, the said C establishments did not have the status of stay eligible for job-seeking activities at the said C establishments, subject to the payment of monthly remuneration of KRW 800,000,000,000 per month, and had them visit the establishments to engage in marina services, etc. against customers in distress who visited the establishments.

Accordingly, the defendant employed foreigners who did not have the status of sojourn eligible for job-seeking activities.

2. On December 12, 2014, from around December 2 to June 26, 2014, the Defendant, on the condition that H and I paid 80,000 won per month remuneration to the son, who did not have the status of stay to engage in job-seeking activities at the business establishment in the above 1.1.

Accordingly, the defendant employed foreigners who did not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each immigration offender, each written complaint, each opinion, and each notice of decision on examining the immigration offender;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., a confession and reflective fact, circumstances leading to the crime, and facts that there are no criminal records of the same kind);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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