A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No person shall employ any foreigner who has no qualification to sojourn in the Republic of Korea to engage in employment activities.

The Defendant, from July 31, 2015 to October 29, 2015, employed C, a chickens packing company located in B from July 31, 2015, with the monthly salary of KRW 1,400,000.

In addition, the Defendant employed 9 foreigners who were not qualified to engage in job-seeking activities in all of the aforementioned periods nine times, such as the entry in the list of crimes in the attached Form 1 (E, once a year, seems to be a clerical error in the “D”).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes, such as certificates of employment of foreigners and written statements of employment of foreigners;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (see, e.g., the grounds for sentencing) is not that the crime of this case, which employs a person who is not eligible to be employed, and that deprivation of employment opportunities for Koreans and foreigners who are eligible to sojourn in Korea and disturbs the management of foreigners who stay in Korea.

In addition, the number of foreigners who are not eligible to stay is nine.

Therefore, there is a need for a strict punishment corresponding to this.

However, the punishment shall be determined by suspending the execution of imprisonment as above, taking into account the following: (a) the Defendant’s mistake is recognized; (b) the primary offender who has no criminal history; (c) the period in which the said foreigner was employed was not long; and (d) the Defendant’s business condition appears to have inevitably employed the said foreigner.