A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is an operator of “C”, an entertainment tavern located in Silsan City B.

A person is prohibited from employing a foreigner who does not have the status of stay eligible for job-seeking activities. However, around September 15, 2019, the Defendant employed 12 foreigners who did not have the status of stay eligible for job-seeking activities, as employees of the above “C”, including by October 30, 2019, a total of 12 foreigners who did not have the status of stay eligible for job-seeking activities, as described in the attached list of crimes, as the employees of the above “C” in the “C”, and who entered the place of stay eligible for visa exemption (B-1) (B-1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, G, H, I, J, K, L, M, N,O, and P;

1. A written accusation, written opinion, written notice of review or decision on an immigration offender, detailed inquiry into the records of entry or departure, and a foreigner registration slip;

1. Application of a copy of business registration certificate;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

The instant crime is an unfavorable circumstance: A foreigner without status of stay is running an entertainment drinking house by employing a foreigner without status of stay as an entertainment receptionist. The employment of a foreigner with such illegal stay is likely to undermine the effectiveness of the State’s immigration control policies and encourage the illegal stay of foreigners, and thus, it is necessary to punish the foreigner strictly.

The favorable circumstances are confession and reflective.

There is no power of the same kind.