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(영문) 제주지방법원 2020.11.13 2020고단504
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall arrange or solicit the employment of a person who has no status of sojourn eligible for employment activities.

On October 9, 2019, from around November 4, 2019 to around November 4, 2019, the Defendant: (a) provided Jeju-si B’s housing as a lodging house; (b) arranged employment for a Chinese employee who does not have the status of stay to work in employment; and (c) received 10,000 won (based on a day) in return, in the Japanese farm or department of the B-Eup, etc., and arranged employment for a business of eight Chinese employees who do not have the status of stay to work as described in the attached list of crimes, such as receiving 10,00 won (based on a day).

Summary of Evidence

1. Statement of the suspect examination of the accused prepared by the prosecution;

1. Statement made by a witness witness witness D prepared by the special judicial police officer;

1. Each entry in C, E, F, G, H, I, and J;

1. Accusation of immigration offenders prepared by the head of the Ministry of Justice, Jeju Immigration Office, and each entry in the review report;

1. Each notice of decision on examining an immigration offender, each detailed inquiry into the immigration record, each passport, each copy of each passport, and each entry into the detailed inquiry into the immigration record of Chinese illegal employment;

1. Application of each of the visual Acts and subordinate statutes to each photograph;

1. Article 94 subparagraph 10 of the Immigration Control Act and Article 18 (4) of the same Act, comprehensively including the relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is 【The scope of a sentence to be sentenced under the law】 One month or three years of imprisonment; and two years of a suspended sentence of 8 months: The defendant committed the instant crime while managing a majority of foreigners who do not have the status of sojourn that the defendant would engage in job-seeking activities; and the period during which the defendant engaged in the business of arranging employment to F, D, or J is relatively relatively long.

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