The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds of appeal is unfair because the punishment (four months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for permission to amend the amendment of the Act to add “Article 39(1) of the Criminal Act” to the applicable provisions of the Act, “The defendant was sentenced to four months of imprisonment and six months of imprisonment at the Daejeon District Court on July 18, 2019 by committing a violation of the Act on the Control of Narcotics, etc. (fence) at the Daejeon District Court on July 18, 2019,” and the subject of the judgment was changed by the court that permitted the amendment of the Act as above.

Therefore, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Judgment] Criminal facts / [criminal records] Defendant was sentenced to imprisonment with prison labor for 4 months and six months for violation of the Act on the Control of Narcotics, etc. at the Daejeon District Court on July 18, 2019, and the above judgment became final and conclusive on November 28, 2019.

【Criminal Facts】

The defendant is a person who operates ‘Cmast' on the second floor located in Sejong B.

When any person desires to employ a foreigner, he shall employ in Korea a person having the status of sojourn eligible for employment in accordance with the Presidential Decree.

Nevertheless, from January 30, 2019 to March 26, 2019, the Defendant employed three persons, such as D(E, Female), F(G), H(I(I), etc. of the Thailand’s nationality, in which the Defendant did not have a legitimate status of stay to engage in job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. Three copies of an accusation against an immigration offender, a business registration certificate, a certificate of employment of foreigners, and a written statement of Thailand;

1. Criminal records as stated: Criminal records, written judgments, and written judgments;