Text
Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall employ any foreigner having no status of sojourn eligible for employment activities.
Nevertheless, from Jun. 21, 2018 to Oct. 16, 2018, the Defendant employed, for the same period, six of the above foreigners as indicated in the attached list of crimes, in the “D” marina business operated by the Defendant in Busan Shipping Daegu B and C, the Defendant employed, as a marina, six of the above foreigners as indicated in the attached list of crimes, who did not have the status of sojourn eligible for employment in the Republic of Korea.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to E, F, G, H, I, and J;
1. A list of aliens exposed;
1. Suppression photographs;
1. A certificate of employment of foreigners;
1. A written inquiry of entry or departure records;
1. Application of Acts and subordinate statutes on internal investigation reports (six status of stay and scope of activities of six birth countries which are proper);
1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not have any record of being punished for the same kind of crime, and there is no record of criminal punishment other than the punishment of fines once and the suspension of indictment twice by fraud, the employment period for foreigners is not long, the crime of this case is deemed to have been committed in order to save personnel expenses due to business difficulties, and the crime of this case is deemed to have been committed after the control of this case, and there is no significant benefit from the crime of this case, and the defendant's age, character and behavior, environment, means and consequence of the crime, circumstances after the crime, family environment, etc. are considered as follows.