A defendant shall be punished by imprisonment with prison labor for up to six months.

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.

Punishment of the crime

The defendant is a person who is operating a marina business of "C" on the fourth floor of Yangcheon-gu Seoul Metropolitan Government building B.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant, from October 1, 2017 to March 13 of the same month, employed the D(E) of the nationality of Thailand holding the status of stay (B-1), F(G livelihood), H(I), and J(K) at the monthly salary of KRW 1.5 million, 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. A written accusation;

1. Notice of decision on examining an immigration offender, certificate of employment of foreigners, and application of statutes on business registration;

1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;

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 the suspended sentence under Article 62(1) of the Criminal Act, in full view of the following circumstances: (a) the Defendant did not have any criminal record other than the criminal record of a fine several times; (b) the Defendant did not operate a marina business after the instant crime; (c) the Defendant was led to confession and reflect; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., and (d) the sentence was imposed.