출입국관리법위반
A defendant shall be punished by imprisonment for not less than five 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.
Punishment of the crime
A defendant who operates C in Ulsan-gun Group B, and a foreigner who intends to be employed in the Republic of Korea, the defendant shall obtain the status of stay eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of stay eligible for employment activities.
The Defendant employed a foreigner who does not have the status of stay that allows employment between March 5, 2017 to May 16, 2017, as well as employment of a foreigner of the Thailand’s nationality D, who did not have the status of stay that allows employment between the Defendant and May 16, 2017, as indicated in the list of crimes in the attached Form C.
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint issued by the Busan Immigration Control Office;
1. Application of Acts and subordinate statutes of a certificate of employment of foreigners, detailed inquiry into entry into and departure from immigration records, and registered alien records;
1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning facts constituting an offense, and the choice of imprisonment;
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 reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant employs a foreigner who has been illegally staying in the Republic of Korea with a large number of the total number of employees, is disadvantageous circumstances, but it seems that the difficulty in the manufacturing company's human resources supply and demand seems to have caused the above crime, and the defendant again does not commit the above illegal act.
The punishment shall be determined as per the order, taking into account the fact that it is being taken.