A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a D representative in the second floor of the building in Bupyeong-si, Nowon-gu, Seoul, and an employer who conducts service business (replacement business) by using 18 full-time workers.

No business for dispatching workers shall be conducted for the direct production process of the manufacturing industry.

Nevertheless, the Defendant, on November 4, 2014, dispatched to G located in Bupyeong-gu F and 3rd floor after employing the said D as the said D employee, so that he/she directly engaged in CNC processing, which is a process of production, from March 31, 2015, and dispatched 114 workers from around November 4, 2014 to January 27, 2016, as shown in the list of crimes in the attached Table, after employing 114 workers from around November 4, 2014 to engaging in NC processing, which is a direct production process, to the said G, thereby engaging in illegal workers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including H part of the statement);

1. A protocol concerning the interrogation of suspect with respect to I;

1. Statement of each amnesty made to J and H;

1. Application of Acts and subordinate statutes on the inspection table of supervision of work at workplace, D Dispatch Management Register, permit for temporary agency business, worker dispatch contract, and electronic tax invoice;

1. Article 43 subparagraph 1 of the relevant Act and Articles 43 and 5 (5) of the Act on the Protection, etc. of Workers Eligible for elective Payment of Punishment for Criminal Facts (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 2011);