A defendant shall be punished by imprisonment with prison labor for not more than ten 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 in the name of “C” on the ground floor of building B in Yeongdeungpo-gu Seoul Metropolitan Government.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the defendant from February 17, 2018 to the same year.

2. The same year from February 22, 2018 to February 22, 2018, including the employment of D(n, 86 years old) of the nationality of Thailand with sojourn status which is unable to be employed at the said marina business establishment by the end of the period of 15,000 won per marina (i.e., 15,00 won per marina;

2. By up to 28.2, E (n, 88years) and F (n, 83 years) were employed as marina assistance under the above conditions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. The written accusation, written opinion, written decision on examination, written notice of decision on examining each immigration offender, and the application of statutes on business registration;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment for a crime;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (the selection of a sentence, suspension of execution, etc.) (the Defendant continued to commit a crime employing an unqualified foreigner while operating the “C” after completing the registration of a business operator in the name of outside third village G from 2008, and paid a penalty of KRW 6 million in 2013 and 2016, respectively, and a penalty of KRW 3 million in 2017.

However, since the defendant repeats the crime in this case, it is difficult to correct the amendment.

In addition, the punishment shall be determined by comprehensively taking into account the factors of sentencing, such as the motive for committing the crime, the number of employees, the period of employment, etc., the age, sex, environment, etc. of the accused.