logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2019.02.22 2018고단1670
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 “C” entertainment establishment on the south-gu B and the first floor of a building at port.

On October 16, 2017, the Defendant entered the above place as a visa exemption (B1) and employed 14 foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, including employment of D (E) who did not have the status of sojourn eligible for employment activities during illegal stay until January 14, 2018, the expiration date of the period of sojourn, and employed 14 foreigners who did not have the status of sojourn eligible for employment as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written accusation, written notice of decision on examining an immigration offender, business registration certificate, certificate of employment of foreigners, and a written statement;

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;

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the same sentence as the order shall be made by comprehensively taking into account the following conditions of sentencing under Article 62-2 of the Social Service Order Criminal Act and other conditions of sentencing as shown in the records, such as Defendant’s age, occupation, character and conduct, family relationship, and conditions before

3. Unfavorable circumstances: The number of foreign workers employed illegally is not many, and the crime of this case is likely to interfere with the normalization of the employment market and to encourage illegal stay by the relevant foreigners, and thus, it is more favorable that it is necessary to strictly punish the foreigner: the defendant is the first offender, and the defendant is found to be erroneous.

arrow