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(영문) 수원지방법원 2020.02.14 2019고단6322
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is a vocational owner of the building B and the “D” as referred to in subparagraph C of the same Article at Chicago-si.

From July 9, 2019 to September 9, 2019, the Defendant employed five (5) illegal aliens, who were not capable of engaging in employment activities, as indicated in the list of crimes, and had them engage in massage, etc. against the unspecified number of customers on five (5) occasions.

The summary of the evidence from July 9, 2019 to September 3, 2019 from September 3, 2019 to September 4, 2019, when an employee's name, nationality, employment period for the illegal stay in Thailand 15 to September 5, 2019, when the illegal stay in Thailand 15 to September 2, 2019 to September 3, 2019, between September 8, 2019 to September 4, 2019, when the illegal stay in H Thailand 15 to September 5, 2019.

1. Defendant's legal statement;

1. A written statement of each Thailand;

1. Application of Acts and subordinate statutes to accusation, list of foreigners employed, confirmation letter of employment of foreigners, photographs, business books, qualifications for female employees to stay, and investigation reports (verification of substantial business operators) at the time of crackdown;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act does not have the record of being punished for the violation of the Immigration Control Act against the defendant, there is a record of being punished several times due to sexual traffic, etc. while operating marina business before several years, some of them seems to have been employed and discovered by a foreign woman.

Therefore, a suspended sentence of imprisonment shall be imposed to prevent the recidivism of a defendant, but the number and employment period of the foreigner employed by the defendant, and the age, character, conduct, career, environment, circumstances of the crime, circumstances after the crime, and all of the sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

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