A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant is a tourist restaurant with the trade name, “C,” located in PP in PP, PP.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by statutes, and no person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, between April 8, 2018 and May 10, 2018, the Defendant employed 13 foreigners who did not have the status of stay to work as shown in the attached list of crimes, including D(E) of Russian nationality, who did not have the status of stay to work and enter the Republic of Korea as a qualification for visa exemption (B-1) and do not have the status of stay to work.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A certificate of employment of foreigners;

1. Application of Acts and subordinate statutes to each immigration offender for examination and decision;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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 crimes in this case, which are the reasons for sentencing under Article 62(1) of the Criminal Act, are the circumstances unfavorable to the defendant, such as the following: (a) there is a need to strictly punish foreigners for committing a crime that encouragess illegal stay of foreigners; and (b) there is a little number of foreigners employed by the defendant.

On the other hand, the fact that the defendant recognizes all of the crimes of this case and reflects his mistake, and that there is no record of punishment for the same kind of crime, etc. are favorable to the defendant.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.