출입국관리법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who engages in construction business.
If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for employment activities.
Nevertheless, from December 10, 2016 to May 15, 2017, the Defendant, without a certificate, entered Jeju-do and did not have the status of stay for employment (B, November 11, 2015; December 25, 2016- May 15, 2017; KRW 130,000 per day) of Chinese nationality; C (C; March 19, 2016; May 15, 2017; KRW 100,00 per day of entry); and paid KRW 10,00 per day of employment (including KRW 100,00 per day of May 15, 2017; KRW 100,00 per day of employment); and paid KRW 15,00 per day of employment to 20,000 per day of April 1, 2017; and paid KRW 15,015,000 per day of employment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written employment statement of foreigners and three other certificates of wage receipt;
1. Accusation of any immigration offender, application of Acts and subordinate statutes regarding entry or departure records;
1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment for a crime;
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. It is necessary to strictly punish the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act, in that the crime of the Defendant is highly detrimental to the society, such as the mass production of illegal aliens who abuse the Jeju-do-do-do-free certificate system.
The period of the defendant's employment of a foreigner is about seven months.
However, considering the fact that the defendant recognizes the crime and reflects the defendant, the fact that the defendant has no record of punishment for the same crime, and other circumstances such as the age, environment, and circumstances after the crime.