Text
Defendant
A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of 15 million won, respectively.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A is a person operating a personal business entity called “D” in both weeks, and is corrected by evidence; and
It is a company B in-house director in the same address.
No person shall employ any foreigner who has no status of sojourn eligible for employment activities.
Nevertheless, the Defendant’s correction is based on the E evidence of Thailand’s nationality, in which he/she did not have the status of sojourn eligible to work from June 19, 2016 to September 30, 2019.
A total of 16 foreigners were employed in the above D and B as shown in the attached list of crimes, including employment of B.
2. Defendant B’s director, the Defendant Company B, employed a foreigner who does not have the status of stay as described in Nos. 1 through 7 of the crime sight list among the items in paragraph (1) above.
Summary of Evidence
1. A written decision on the judicial review of the copy of the foreigner’s passport, and the benefit ledger of the foreigner’s passport on which the Defendants’ statutory statements were crackdownd;
1. Application of the Act and subordinate statutes to a copy of the business registration certificate (D) investigation report (for additional crime B);
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) and (1) of the Immigration Control Act (Selection of Imprisonment);
(b) A stock company B: The main sentence of Article 99-3 and Articles 94 subparagraph 2, 94 and 18 (3) and (1) of the Immigration Control Act; and
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Article 62 (1) of the Criminal Act (Defendant A);
1. Article 62-2 of the Criminal Act;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) requires strict punishment because it has considerable harm to society as a whole, such as impairing the effectiveness of the nation's immigration control policy and promoting illegal stay of foreigners.