A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant is a person who is operating a marina business with the trade name "D" in Gangseo-gu Seoul Metropolitan Government C and 3 floors.

1. No person who violates the Immigration Control Act from November 5, 2017 to November 28, 2017 shall employ any foreigner not having the status of sojourn eligible for employment activities.

Nevertheless, on November 5, 2017, from around November 28, 2017 to around November 28, 2017, the Defendant employed two persons, namely, E (n, F) and G (n, H) of the fatherland’s nationality holding the status of stay (B-1) from which he/she is unable to find a job at the said marina place. The Defendant employed them as marina support, respectively.

2. No person who violates the Immigration Control Act from March 4, 2018 to March 7, 2018 shall employ any foreigner not having the status of sojourn eligible for employment activities.

Nevertheless, from March 4, 2018 to March 7, 2018, the Defendant employed three persons of the nationality of Thailand holding the status of stay I (B-1), J (L), K (n), M (n, N) and three persons of the age of Thailand holding the status of stay (B-1) from March 4, 2018 to March 7, 2018, respectively as marina support.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written confirmation for employment of foreigners (the preparation of the accused);

1. Each written statement E and G (related to paragraph (1) of the crime);

1. Each statement of I, K and M (related to paragraph (2) of the crime);

1. Each notice of decision on examining an immigration offender (No. 6, 7, 8, 21, 22 of the evidence list);

1. Written review and decision;

1. A charge book prepared by the director of the Seoul Southern Immigration Control Office;

1. Application of statutes on business registration certificates;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act (the occupation of a person who has no status of sojourn eligible for employment activities and the choice of imprisonment with prison labor) on criminal facts;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The crime of this case may interfere with the immigration control of foreigners.