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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 the “C”, which is a subcontractor for plastic-type plastic-type manufacture.
When a foreigner intends to work in the Republic of Korea, he shall obtain the status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.
Nevertheless, from July 26, 2017 to September 12, 2017, the Defendant employed a foreigner who does not have the status of stay that allows employment in C from around July 26, 2017 to pay KRW 6,470 per hour to D, a foreigner who does not have the status of stay that allows employment in C, and is engaged in assembly business as shown in the list of crimes in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement;
1. Notice of decision on examining each immigration offender, inquiry into comprehensive records of persons related to entry into or departure from Korea, and application of statutes on business registration;
1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection 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. As for the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the following reasons for sentencing), a foreigner who does not have the status of sojourn that the defendant has been allowed to work as an employee, leads to 15 persons.
However, the defendant reflects the crime of this case.
The defendant has no history of criminal punishment.
In the above circumstances, the defendant's age, sex, family relationship, and circumstances after the crime, including the period in which the defendant employs foreigners, shall be determined as ordered by considering all the conditions of sentencing.