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(영문) 대구지방법원 경주지원 2017.07.20 2017고단218
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of 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, the Defendant, while operating C in racing-si, employed 11 foreigners who do not have the qualification to work as described in the list of crimes in the attached Table, as well as employed D of the fatherland’s nationality holding the status of stay for refugee application (G15) that could not work from February 2, 2017 to March 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Accusation of an immigration offender, written opinion, written notice of review and decision on immigration offender, written confirmation for employment of foreigners, business registration certificate, records of foreigners each registered, and application of respective Acts and subordinate statutes;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, which employs a foreigner who does not have the status of sojourn eligible for employment activities, is likely to deprive the foreigner having the status of sojourn with the foreigner having the status of sojourn, and cause various social problems due to the disturbance in management of the foreigner staying in the Republic of Korea.

However, there are circumstances that may be considered in the course of the crime of this case, such as the fact that the defendant has already divided his mistake in depth, the failure of the worker is likely to result in the crime of this case, the period during which the defendant employed a foreigner who does not have the status of sojourn eligible for employment is relatively short, and all favorable circumstances for the defendant, including the fact that the defendant is the first offender who does not have any power to engage in the crime, shall be sentenced to imprisonment, but the execution thereof shall be suspended. It is so ordered as per Disposition.

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