A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who engages in construction business.

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 person who has no such status of sojourn.

Nevertheless, on December 23, 2015, the Defendant employed 18 Chinese nationality foreigners who did not have the status of stay eligible for employment after entering Jeju-do (B2-2) at the 120,000 won per day from August 5, 2017 to September 12, 2017, and employed 18 Chinese nationality foreigners who did not have the status of stay eligible for employment as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, a written statement of employment, and a detailed statement of search of foreigners residing in a short term;

1. Relevant Article and the choice of punishment for a crime: Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the same Act, and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The Defendant’s crime for the reason of sentencing under Article 62(1) of the Criminal Act requires strict punishment in that it has great social harm, such as the massing of illegal aliens who abuse the Jeju-do-doless certificate system.

The number of foreigners employed by the defendant is high.

However, considering the fact that the defendant recognizes the crime and reflects the fact that the defendant has no record of punishment for the same kind of crime, the punishment shall be determined as ordered by taking into account all other circumstances such as the defendant's age, environment, and circumstances after the crime.