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(영문) 대구지방법원 경주지원 2017.08.23 2017고단226
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal record] On January 18, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Immigration Control Act at the Daegu District Court racing support for the Daegu District Court sentenced to a suspended sentence of eight months for a violation of the Immigration Control Act, and appealed and received a decision to dismiss an appeal from the Daegu District Court on July 26, 2017. On August 1, 2017, the Defendant filed an immediate appeal against the said decision to dismiss an appeal.

[Criminal facts] If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of stay eligible for legitimate job-seeking activities, and no person shall employ a foreigner without the status of stay eligible for legitimate job-seeking activities.

Nevertheless, the Defendant, while operating a manufacturer with the name of “C” in the following: (a) from February 20, 2017 to February 28, 2017, employed 23 foreigners who did not have the status of sojourn eligible for legitimate job-seeking activities, as stated in the list of crimes in the attached Table, as well as having employed 23 foreigners who did not have the status of sojourn eligible for legitimate job-seeking activities, such as the period of sojourn expires from September 22, 2013 to February 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender, a notice of decision on examining an immigration offender A, a written confirmation of employment of a foreigner, etc., a detailed inquiry into records of entry into or departure from the Republic of Korea, each registration alien record sheet, each written statement, and each investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to judgment related to the same type of power);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was sentenced to a suspended sentence for the same kind of crime, and immediately committed a second offense, and the defendant's attitude to commit a second offense is obvious, and thus, the defendant's strict attitude to commit a second offense is serious.

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