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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is operating a marina business in the trade name of Geumcheon-gu Seoul Metropolitan Government B and C.
No person shall employ any foreigner who has no status of sojourn eligible for employment activities.
Nevertheless, the Defendant, from March 1, 2018 to March 30 of the same month, employed D(B-1), E (80, female), F (88, female), G (72, female), H (76, female), I (90, female), J (90, female), K (77, female (777, female) at the intervals of KRW 120,00 per month, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to accusation (including accompanying documents);
1. Relevant Article of the Criminal Act, Articles 94 subparagraph 9 and 18 (3) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act is the confession of the defendant for the reason of sentencing under Article 62(1) of the suspended sentence; the criminal records punished by a fine due to the operation of illegal marina business establishment before and after the instant crime and the record of suspended indictment; the number of illegal foreigners employed by the defendant (eight) and other circumstances indicated in the instant records and arguments, including the defendant's age, sex, environment, motive, means and consequence of the crime; and the circumstances after the crime.