출입국관리법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is the operator of the entertainment drinking house “C” located in Jeju City.
If a foreigner intends to be employed 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 any foreigner who has no status of sojourn eligible for employment activities.
On April 28, 2018, from around July 2, 2018 to around July 2, 2018, the Defendant employed 15 foreign women of Thailand nationality who did not have the status of stay to engage in job-seeking activities as shown in the attached list of crimes, on the condition that D (n, 23 years of age) who is a foreigner of the nationality of the Thailand, who entered the Republic of Korea for tourism purposes (entry April 27, 2018) would be paid monthly pay 70,000 won.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Each statement in E, D, F, G, H, I, J, K, L, M, N,O, Q, and R;
1. Entry of an accusation against an immigration offender prepared by the head of the immigration control office; and
1. Application of each Act and subordinate statutes to entries in copies of each passport;
1. Relevant Article of the Immigration Control Act and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Selection of Imprisonment with prison labor), each of which is applicable to facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes committed according to the relevant Immigration Control Act stated in D-related No. 14, a year table of crimes committed with the largest penalty);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are the concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes for which the sentencing guidelines are not set.
【The scope of punishment by law】 One month to four years and six months (in the case of concurrent crimes, referring to the aggravation of sentence), 【The decision of sentence, and two-year circumstances disadvantageous to the suspension of execution in the eight-month period: the Defendant’s employment.