A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person who operates a marina business in the name of “C” from the Bupyeong-gu Incheon Bupyeong-gu B and the second floor.

When a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and shall not employ any foreigner who has no qualification to engage in employment activities.

Nevertheless, the Defendant:

A. Employing foreigners of Thailand’s nationality D, and E as the head of Mara, 2015, who do not have the status of stay from September 18, 2015 to September 20, 2015, to which they do not have the status of stay that they would engage in job-seeking activities at the said Mara establishment;

B. From October 2015 to November 16, 2015, an employment of a foreign F, G, and H as a marina branch of the Thailand’s nationality, which did not have the status of sojourn eligible for job-seeking at the said marina business establishment, was made by employing the foreign F, G, and H as a marina branch.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each foreigner's written statement and written decision on foreigner examination;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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 suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 200