A defendant shall be punished by imprisonment for not more than ten months.

except that 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

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person not eligible for employment status.

Nevertheless, from July 12, 2018 to June 11, 2019, the Defendant employed 22 foreigners who did not have the status of stay for employment between around July 12, 2018 and around June 11, 2019, who had no status of stay for employment (Visa exemption) and had them work in a dry field located in Gangwon-gu, Gangwon-gu, Gangwon-gu, Seoul. Furthermore, the Defendant employed 22 foreigners who did not have the status of stay for employment between around July 12, 2018 and June 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written notice of examination and decision;

1. A certificate of employment of foreigners;

1. A written statement;

1. Confirmation of foreigners who have stayed short-term;

1. The application of Acts and subordinate statutes to report on investigation (to hear statements for accusation and report);

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 concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The instant crime is an act that could deprive the foreigner having the status of stay of stay of stay of residence of the opportunity for employment and hinder the immigration control of foreigners, and requires strict punishment in order to eradicate such act.

In light of the fact that the defendant employs 22 or more foreigners who have no status of stay, the defendant's liability for the crime is not against the law.

The favorable circumstances: the defendant seems to employ foreigners who have not temporarily been granted status of stay due to lack of damages in rural communities.

The defendant reflects the crime of this case and has no record of punishment for the same crime.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, results of the crime, circumstances after the crime, etc.