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(영문) 서울서부지방법원 2020.05.14 2020고단776
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 status of sojourn eligible for employment activities.

Nevertheless, between May 9, 2019 and November 26, 2019, the Defendant employed 11 foreigners who did not have the status of stay to engage in job-seeking activities, such as as shown in the attached list of crimes, by entering the Republic of Korea in the capacity of visa exemption (B-1) and paying 10% allowance per 150,000 won and 10% per marina (math).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a written accusation, written opinion, written decision, written decision, business registration certificate (D), written confirmation of foreign employment, foreigner passport and written statement;

1. Relevant Article of the facts constituting an offense, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Appointment of imprisonment with prison labor), which provide for the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act shall be determined as the same sentence in consideration of the following circumstances and other various conditions of sentencing as shown in the argument of this case.

Unfavorable circumstances: The size of the crime is not small, the circumstances favorable to the fact that there have been several criminal records: The past is punished by a fine, the closure of business, and the violation of the punishment.

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