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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2678
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

No person shall employ any foreigner who has no qualification to sojourn in the Republic of Korea to engage in employment activities.

From April 3, 2014 to May 7, 2015, the Defendant employed D’s nationality, which was not eligible to engage in job-seeking activities, in the “laundry business of the Defendant’s laundry business that was operated by the Defendant from around April 3, 2014 to around May 7, 2015, as the monthly salary of KRW 1.8 million, and as the simple employment.

In addition, the Defendant employed five foreigners who were not qualified to engage in job-seeking activities in the above way five times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation (including evidence 2 through 8, accompanying documents) and the business registration certificate;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment;

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. According to Article 62(1) of the Criminal Act of the suspended sentence, comprehensively taking into account the following factors: (a) the Defendant’s age, gender, sex, environment, family relationship, and circumstances after the crime, including the confession of the Defendant, motive and circumstance of the crime, the number of employees illegally employed, employment period, and the absence of the same criminal history; and (b) the sentence was determined as ordered.

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