A. The Defendant of mistake of facts is merely arranging the employment of two Chinese nationals at the construction site and employed them as stated in paragraph (1) of the facts constituting the crime in the judgment below.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. In the lower court’s determination of mistake of facts, the following circumstances are acknowledged based on the evidence duly adopted and examined by the Defendant at the lower court. ① The Defendant: (a) at the investigative agency, the Defendant: (b) employed an employee D and F, a Chinese employee D and F, at the site of the construction of the apartment house located in Jeju City, as the head of the punishment team from December 2, 2016 to April 2017; and (c) stated that “A, around May 21, 2017, recommended H to take back and work against the said Chinese employee” (as stated in paragraph (1) of the facts constituting an offense in the lower court, the lower court acknowledged that the Defendant employed the said Chinese employee B from 20 days to 30 days from 15 days from 20 days from 20 days from 30 days from 15 days from 200 to 216 days from 30 days from 216 days from 20.

In full view of the fact that the defendant's statement of "an investigation record" (not more than two :50 pages) specifically states the employment relationship between him and the defendant, and the statement of such employment relationship is consistent with the defendant's investigation agency and court of original instance, the facts constituting the crime in the judgment of the court below.