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.

Punishment of the crime

The Defendant is a person who operates a marina business with the trade name called Guro-gu Seoul Metropolitan Government B and 2nd floor “C.”

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

Nevertheless, the defendant, around November 8, 2018, employed D(n, E) and F(g) of the nationality of Thailand with the status of non-employment status (B-1)(B-1), who is non-employmentable sojourn status (B-1), in the work of marina, provided that the defendant would give monthly remuneration of KRW 1.5 million to customers and will provide a place of food services for customers.

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. Each statement of D and F;

1. A certificate of foreign employment;

1. Application of the Acts and subordinate statutes on the written accusation;

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 for the crime, 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant repeatedly committed the instant crime despite the fact that he/she had been punished twice by a fine for the same kind of crime before the instant crime was committed.

However, the number of foreigners employed is two, and the fact that the defendant currently discontinues the business and does not repeat the business in the future is favorable.

In full view of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, criminal records, and circumstances after crimes, the probation and community service conditions shall be suspended at once, and the sentence shall be determined as per the order.