A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 person who serves as the head of the relevant wooden team in the field of construction business.

When a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, from July 25, 2016 to August 17, 2016, the Defendant employed B (Nam, C) who is a foreigner of Chinese nationality, who does not have the status of sojourn eligible for job-seeking activities by entering Jeju-do as Jeju-do-free certificate, to work for KRW 80,000 per day at the construction site in Jeju-do-do-based from July 1, 2016 to August 17, 2016, the Defendant employed D (Nam, E) to work for KRW 80,00 per day at the construction site in Jeju-do-do-do-based from July 25, 2016 to employ 110,00 per day from July 25, 2016 to August 17, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written confirmation of employment of foreigners, and a written notice of decision on examining each immigration offender;

1. Application of each letter of payment of wages, each passport photographic statute;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning facts constituting an offense, and the choice of imprisonment;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the punishment shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sexual conduct, environment, circumstances, and circumstances after the commission of the crime.

The fact that a crime is recognized, there are no criminal records of the same kind, and that there are three foreigners employed, this case would impair the order of immigration control, which is an important national affairs, and that there is one foreigner whose employment period is not less than one month.