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(영문) 대전지방법원 2020.11.18 2020고단4236
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities.

The Defendant is a person who operates the Daejeon Pung-gu B, C, and D “E” marina business.

On December 28, 2019, the Defendant employed a foreigner who did not have the status of sojourn eligible for employment at the relevant marina business establishment, as described in the attached list of crimes, from December 15, 2019 to January 14, 202, the Defendant employed a foreigner who did not have the status of sojourn eligible for employment at the relevant marina business establishment, as described in the attached list of crimes.

Accordingly, the defendant employed a person who does not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons entered in the illegal immigration column in the crime sight chart;

1. Application of the Acts and subordinate statutes of each long-term stayers, ordinary circumstances investigation agencies;

1. Article 94 subparagraph 9 of the former Immigration Control Act (wholly amended by Act No. 17089, Mar. 24, 2020) and Article 18 (3) of the same Act (wholly amended by Act No. 17089, Mar. 24, 2020) concerning the relevant criminal facts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that reflects mistakes while recognizing the crime of this case, and that there exists

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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