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(영문) 창원지방법원 2014.07.15 2014고단879
출입국관리법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a representative who operates manufacturing company's "D Company" in Seongbuk-gu, Changwon-si.

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

Nevertheless, on July 15, 2013, from around November 26, 2013 to around November 26, 2013, the Defendant employed 23 foreign nationals, including 21 foreign nationals whose period of stay is over, and 23 foreign nationals who are unable to engage in job-seeking activities, as shown in the separate list of crimes, from September 1, 2009 to November 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation, records of foreigners in short-term stay and registered foreigners, investigation reports (Attachment to a copy of manuals for foreign status E-10), copy of sojourn status manuals;

1. Relevant Article of the Immigration Control Act and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Selection of Imprisonment with prison labor), each of which is applicable to facts constituting an offense;

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

3. Employment of foreigners with no status of stay in the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing) is to disrupt the order of entry into and departure from the Republic of Korea, and there is a need to be strict enough to deprive nationals and foreigners with the status of stay of sojourn, and to induce exploitation of opportunities for employment of foreigners with the status of stay of sojourn, or any crime by them. The Defendant committed the instant crime even after receiving a notice of penalty two times due to the same type of crime, which is disadvantageous to the Defendant.

However, the fact that the defendant's mistake is recognized and reflected, and the work environment is poor is sought from the small business entity.

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