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(영문) 부산지방법원 2016.12.21 2016고단318
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, as a foreigner of Chinese nationality, was staying in Korea as a corporate investment (D-8-1) qualification, and operated the “F entertainment tavern” in Mari-si E from June 7, 2013.

If a foreigner intends to be employed 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 employ a person who has no status of sojourn eligible for employment.

Nevertheless, the Defendant employed a foreign G of Chinese nationality, who did not have the status of stay for employment from April 1, 2015 to September 16, 2015, as indicated in the separate list of crimes, as the Defendant’s employment of a person who did not have the status of stay for employment of 7 employees, including having a foreign G of Chinese nationality, who had no status of stay for employment, by having an unspecified male customer drink with drinking or singing and dance in the said entertainment drinking club operated by the Defendant.

Summary of Evidence

1. The defendant's first trial date, court statement;

1. Legal statement of the witness H;

1. Protocol concerning the examination of each police suspect with regard to I;

1. Statement of the police statement against J and four others;

1. K and six other statements;

1. Investigation report (suspects and illegal employees' sojourn records) - Status of individual stay and immigration records;

1. Investigation report (illegal employment review report which is a suspect partner and copy of the business registration certificate), examination and decision, and copy of the business registration certificate;

1. In the first day of the trial, the Defendant: (a) led to an investigation report ( analysis of the details of passbook transactions) - A deposit transaction statement: (b) the Defendant: (c) led a foreigner G, etc. who had no status of sojourn to engage in employment activities as above while operating the said entertainment tavern; (d) on the third day, the said entertainment tavern was operated in sequence by L, M, and N; and (e) he had attempted to operate it by request of L, etc.; and (e) was denied

However, the evidence duly adopted and examined by this Court.

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