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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a marina business with the trade name of “C” from Mapo-si building B and 4th floor of “C.”
No person shall employ any person not eligible for sojourn status.
Nevertheless, the Defendant posted a job offer advertisement stating that “to invite women to work at one particular place of business at one particular place of business at one particular place of business at one particular place of business at one particular place of business at one particular place of business at one particular place of business at the end of April 2018, the Defendant was employed as an employee under the condition that “to invite women who will work at one place of business at one particular place of business at one particular place of business at one particular place of business at one particular place of business at one particular place of business at the same end of May 2018,” and who did not have the status of sojourn eligible to work at the above place of business at the beginning of the first half of May 2018 at one particular place of business at one particular place of business at one particular place of business at one particular place of business at one particular place of business at the same end of 1,500,000 won per month.”
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 protocol concerning the examination of each police officer against G, I, H, and J;
1. A copy of each passport (G, H, and I);
1. Requests for cooperation in investigation (related to violations of the Immigration Control Act) and the application of Acts and subordinate statutes on investigation reports ( subsequent completion of a charge);
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 concerning facts constituting an offense, and the choice of imprisonment, respectively;
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. Employing foreigners who are unable to engage in job-seeking activities on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the act of promoting the illegal stay of foreigners and hindering the stability of the employment market, and the defendant's responsibility for the crime is not easy.
However, there is no criminal power in the defendant, there is no other criminal punishment except punishment as a fine once, and the number of foreigners employed by the defendant is not much and the employment period is short.