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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall recommend as a business the employment of any foreigner who has no status of sojourn eligible for employment activities, or foreigner who fails to obtain an additional permission to change the permission to work place, and any person who intends to conduct a business of providing domestic pay job placement services shall register with the competent authority.
Nevertheless, the Defendant introduced, around March 4, 2017, the D Chinese restaurant located in Jeju-si, to the Republic of Korea without a visa for tourism purposes, and arranged for employment by introducing, to H employees, foreigners E (E, South, 59 years old), F (F, F, F, and 57 years old) of Chinese nationality who did not have the status of stay eligible for employment activities in the Republic of Korea, and offered employment services to H in the Jeju-si, and received cash of KRW 300,000 in return for employment mediation from E and F, respectively. On March 27, 2017, the Defendant continued to enter the Republic of Korea without a visa for tourism purposes at the D Chinese restaurant without a visa for tourism purposes in the above D Chinese restaurant, and thus, introduced K employees to arrange employment for employment of foreign I (I, South, and 36 years old) of the Chinese nationality that did not have the status of stay eligible for employment in the Republic of Korea.
In addition, on May 21, 2017, the Defendant introduced L (L, remaining, and age 27) who deserts the original workplace without obtaining permission to change the work place, to H employees so that he/she can be employed in the above H, and arranged employment as an employee from around that time and received cash KRW 300,000 from L in return for employment mediation.
As above, the Defendant arranged the employment of foreigners who do not have the above status of sojourn eligible for employment activities, or who do not obtain additional permission to change the place of work, as a business, and operated a fee job placement business without registering with the competent authorities.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement protocol against L, M, E, F, N, orO;
1. Application of Acts and subordinate statutes requesting cooperation in investigation or accusation of an immigration offender;
1. Relevant Articles of the Act concerning the facts constituting the crime;