A defendant shall be punished by imprisonment for six months.

However, 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 a person who operates a marina business with the trade name “D” in Bupyeong-si B and C.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, on December 7, 2018, from around December 13, 2018 to December 13, 2018, the Defendant employed the E (n, F, H, H), I (n, J, L), K (n, women, N), M (n, N) of the nationality of Thailand with the status of stay (B-1), which is unable to be employed at the said marina business establishment, as well as the status of stay (B-1), and provided customers with the food service site.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of foreign employment;

1. Statement of each attitude;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment for the crime, and the choice of imprisonment;

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The criminal defendant committed the crime of this case repeatedly by changing the place of business, even though he/she had the record of being punished three times after the violation of the same Immigration Control Act since 2016, even though he/she had been punished by the disposition of a penalty disposition.

The favorable circumstances: The defendant recognizes a crime and reflects it, and there is no record of punishment more than a fine.

Determination of sentence: Determination of sentence shall be made in the same manner as the disposition, in consideration of the above circumstances, the age, character and conduct, environment, and circumstances after the crime, etc. as prescribed in Article 51 of the Criminal Act.