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(영문) 울산지방법원 2018.11.21 2018고단1884
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall employ any foreigner who has no status of sojourn eligible for employment.

Nevertheless, the defendant from February 28, 2018 to the same year.

4. From October, 100 to Ulsannam-gu building B, and from the third floor entertainment shop C, the status of nationality of the Thailand, which did not have the status of sojourn eligible for employment in the Republic of Korea, was employed as a entertainment entertainment loan, and the above foreigner was employed in total 18 as shown in the attached list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A charge book prepared by the director of the Ulsan Immigration Control Office;

1. Each alien's statement and information about his/her stay, and each certificate of employment of foreigners;

1. Notice of decision on examining an immigration offender, list of the foreigners employed by the defendant (C), and application of statutes on business registration;

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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances described in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria are not set for a violation of the Immigration Control Act;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no record of criminal punishment exceeding fine and criminal punishment for the same kind of crime.

9 years have passed since the last record of punishment.

Defendant’s crime of this case is late.

◎ 피고인에게 불리한 정상은 다음과 같다.

In light of the number, period, etc. of illegal employees, the liability for the crime is not easy.

The crime of this case interferes with the normalization of the employment market and promotes the illegal stay of the relevant foreigners.

Among foreign women entertainment loans employed by the defendant, minors are also included.

◎ 위와 같은 피고인에 대한 여러 사정 등과, 그 밖에 이 사건 범행의 경위, 피고인의 연령, 성 행, 환경, 범행...

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