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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities.
Nevertheless, the Defendant, along with B, operated a marina business with the trade name “D” in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu C and 3, and the Defendant prepared business facilities and registered business, etc., and supplied foreigners who do not have the status of stay to engage in job-seeking activities as employees, and B and the Defendant divided the profits into 3:7.
The Defendant and B seem to be the Defendant’s nationality-E (E, F) of Thailand having the status of stay for B-1 (Visa exemption), which is not the status of stay that allows employment from October 10, 2016 to March 24, 2017, and “ March 21, 2017,” written indictment from March 1, 2017 to March 24, 2017, appears to be the clerical error of “C. 24, 2017.”
Until then, by promising the payment of 150,000 won per month of the 150,000 won and the 10% of the total price of massage (G and H) to the Thailand nationality G (G and H) with the status of stay, which is not the status of stay eligible for job-seeking activities, was employed
As a result, the defendant employed two foreigners who did not have the status of sojourn eligible for job-seeking activities in collusion with B.
Summary of Evidence
1. Defendant's legal statement;
1. A suspect interrogation protocol concerning B by the prosecution;
1. The application of Acts and subordinate statutes governing entry and departure of each individual written statement prepared by E (E) and G (G);
1. Article 94 Subparag. 9 of the Immigration Control Act and Articles 18(3) of the same Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, the choice of imprisonment for business purposes, in collusion with other persons, even though the defendant clearly recognizes that the employment of a foreigner who has no status of stay, is illegal;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (including circumstances in which the number of foreigners employed by the defendant is two) 1.