A defendant shall be punished by imprisonment with prison labor for up to 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 the representative of the C Company in Kimhae-si B.

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 any foreigner who has no legitimate status of sojourn.

From June 1, 2018 to November 7, 2018 of the same year, the Defendant employed 22 foreigners who did not have the status of stay to work as shown in the attached Table of Crimes, including D's nationality, which did not have the status of stay to work and enter the Republic of Korea as tourism visa (C39) and do not have the status of stay to work as a worker at the above workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation by the head of Busan Immigration Office;

1. A certificate of foreign employment;

1. A contract for discretionary processing;

1. Long-term foreigners;

1. Application of the Acts and subordinate statutes governing the List of Illegal Employers;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution (unfavorable circumstances) is that the Defendant employs a foreigner who is not qualified to be employed.

Due to the instant crime, immigration control was impeded, such as the occurrence of illegal aliens.

The number of foreigners employed by the defendant reaches 22.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

There is no record of punishment for the same crime.

It seems that it is inevitable to employ a foreign worker in a situation where it is difficult to seek workers.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, and various sentencing conditions prescribed by Article 51 of the Criminal Act after the crime are comprehensively considered.