Defendant

A A shall be punished by a fine of KRW 15 million, and the defendant farming association corporation B shall be punished by a fine of KRW 30 million.

Defendant .

Punishment of the crime

Defendant

A farming association corporation B (hereinafter referred to as "defendant corporation") is a corporation established for the purpose of processing and distributing kimchi agricultural products, and the defendant A is a representative operating the above defendant corporation in Ansan-si, Andong-si.

1. A foreigner who intends to find a job in the Republic of Korea shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities;

Nevertheless, from around December 21, 2018 to January 9, 2019, the Defendant paid a certain amount of 11 foreigners who have no legitimate status of sojourn to engage in job-seeking activities as shown in the annexed Table of crime to pay 10,000 won per day from January 2, 2019 to January 9, 2019, and employed as an employee, from around December 21, 2018 to around January 21, 2019.

2. The Defendant corporation, the Defendant corporation, in the date and place specified in paragraph (1), illegally employed a foreigner who does not have the status of sojourn eligible for employment as specified in paragraph (1) with respect to his duties.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the written accusation, written notice of examination and decision, and applicable statutes to immigration offenders;

1. Article applicable to criminal facts;

1. Defendant: Subparagraph 9 of Article 94 and Article 18 (3) of the Immigration Control Act (Selection of Punishment by Fines);

2. Defendant: Subparagraph 2 of Article 99-3, Article 94 subparagraph 9 of the Immigration Act, and Article 18 (3) of the Immigration Control Act.

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for each of the instant offenses lies in hindering the normalization of the employment market and promoting the illegal stay of foreigners.