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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 of the final judgment.
Reasons
Punishment of the crime
[criminal record] On March 30, 2018, the Defendant was issued a summary order of KRW 15 million as an offense of violating the Immigration Control Act from the Daegu District Court racing support.
【Criminal Facts】
The defendant is a person who operates C in Southern-gu B at the port of port.
If a foreigner intends to find an employment 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, at around 23:40 on March 25, 2020, the Defendant employed Thai State women who did not have the status of stay to engage in job-seeking activities in the music club as entertainment entertainment loans.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of foreign women employed illegally;
1. The accusation book, each letter of arrest of flagrant offender, copy of business permission (C) and copy of the business registration certificate;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports (verification of the same criminal records of a suspect), Daegu District Court and racing support 2018 High Court and summary order Acts and subordinate statutes shall apply;
1. Article 94 Subparag. 9 of the Immigration Control Act and Articles 18(3) of the same Act, the choice of punishment for an offense, 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. Employment of illegal aliens for sentencing under Article 62-2 of the Social Service Order Criminal Act constitutes a crime that undermines the effectiveness of the government's immigration control policy of the Republic of Korea and may further increase the conditions of illegal stay of foreigners. In particular, the employment of female aliens in multiple amusement establishments, such as entertainment bars and clubs, constitutes an act of enhancing the possibility of mass production of relevant crimes, such as sexual traffic, and thus there is a need to more strict punishment therefor, and the defendant is the same crime as of March 30, 2018, as stated in the ruling.