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(영문) 수원지방법원 안산지원 2019.10.18 2019고단2349
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

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

Nevertheless, the defendant, at the marina business place, "C" operated by the defendant in Ansan-si from April 5, 2019 to April 17, 2019 of the same month, employed as an employee of the relevant marina business place, the defendant, as well as employed as an employee of the relevant marina business place, the E of the Thailand nationality who does not have a legitimate status of stay at the relevant marina business place, from April 1, 2019 to April 17, 2019; F from April 7, 2019 to March 17, 2019; and G from March 28, 2019 to March 28, 2019.

4. By the end of 17.17. each month’s salary of 120-1700,000 won was paid and employed as an employee of the said marina shop.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each bureau which is an employee;

1. A certificate of employment of foreigners;

1. Accusation of an immigration offender;

1. A written notice of examination and decision;

1. List of the foreigners employed by the employee;

1. Business registration certificate;

1. Application of immigration record Acts and subordinate statutes;

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 for the crime, 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The instant crime interferes with the normalization of the employment market, and is a crime that encouragess illegal stay of foreigners, and whose nature of the crime is not good: the recognition of the crime; there is no record of criminal punishment exceeding the same kind of crime or fine; and the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be comprehensively considered and determined as the order of punishment.

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