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(영문) 대전지방법원 서산지원 2016.06.30 2016고단278
출입국관리법위반
Text

1. The punishment against the defendant shall be six months of imprisonment;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the representative of the manufacturer of automobile parts in Western City C.

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

Nevertheless, on December 9, 2013, from around March 16, 2016 to around March 16, 2016, the Defendant employed seven foreigners of Indonesia nationality, who did not have the status of sojourn eligible for employment in D, for whom KRW 1,80,000 per month was employed, and who did not have the status of sojourn eligible for employment as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of foreigners illegally staying in Korea;

1. Application of a certificate of employment of foreigners, business registration certificate statutes;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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. The defendant, having the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing), was a person who operates an enterprise and has employed a person who is unable to engage in job-seeking activities in order to overcome the arrest difficulties;

However, the crime of this case, which employs an unqualified foreigner, shall be punished as ordered by taking account of the fact that the crime of this case ought to be eradicated as an act that could interfere with the immigration management of foreigners and that the period of employment was relatively long, and that the crime of this case, which employs a disqualified foreigner, should be punished as ordered.

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