Text
Defendant
A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
A Co., Ltd. is a corporation established for the purpose of the business of manufacturing fishery products and food, and Defendant A is the representative director of the above corporation.
1. If a defendant A intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities;
Nevertheless, from April 5, 2018 to April 12, 2018, the Defendant employed six foreigners who did not have the status of stay as shown in the list of crimes in the attached Form, including employment under the condition that the Defendant would pay the above stock company B office, and “C” as an employee at an urgent of KRW 7,000,000.
2. The representative director of the defendant B, who is the defendant Eul, employed six foreigners of Thailand nationality who did not have the status of sojourn eligible for employment as described in the preceding paragraph.
Summary of Evidence
1. Defendant A’s legal statement
1. A written statement of Thailand;
1. A certificate of employment of foreigners;
1. Application of business registration certificate and entire certificate statutes;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 94 subparag. 9 of the Immigration Control Act and Article 18 subparag. 3 (Selection of Imprisonment);
(b) Defendant B: Articles 99-3 subparag. 2 and 94 subparag. 9 of the Immigration Control Act
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;
1. Defendant A: Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. Defendant B corporation of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act; and
1. The scope of punishment by law;
(a) Defendant A: Imprisonment for one month to four years;
B. Defendant B: Fine of KRW 50,000 to KRW 30 million
2. Determination of sentence;
A. Defendant A: Imprisonment with prison labor for six months, one year under a suspended sentence, and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be determined in the same manner as the order.