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(영문) 대구지방법원 김천지원 2017.04.13 2016고단1564
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the "C main point" located in the first floor underground located in the old and American city B.

When any person intends to employ a foreigner, he shall employ a person having the status of sojourn eligible for employment activities.

Nevertheless, on March 1, 2016, the Defendant employed 10 foreigners who did not have the status of sojourn that allows them to work for entertainment visitors, such as having them to work in concert with their customers in a performance (E-6-2) where they enter the Republic of Korea and stay in the Republic of Korea (E-6-2) and provide them with alcohol, and allowing them to provide entertainment services by dancing, singing, etc., and employing 10 foreigners who did not have the status of sojourn that allows them to work for entertainment visitors, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes, such as a written accusation, a written notice of decision on examining an immigration offender, a written notice of recognition of suspected suspicion, a list of illegal foreigners, a report on control activities against immigration offenders, an inquiry into comprehensive records of immigration-related persons, and a written statement;

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

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 number and employment period of foreigners who have been illegally employed for the reason of sentencing under Article 62(1) of the Criminal Act, the period of employment, the violation while committing the crime, the absence of criminal records in the same kind, the exclusive operation of entertainment establishments, and other circumstances, including the defendant's age, sex, environment, etc., shall be determined as the same as the order;

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