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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From June 13, 2018 to September 30, 2019, the Defendant worked as the chief of the steel team located in the construction site of Busan Jin-gu B apartment.
No person shall arrange or solicit the employment of foreigners who have no status of sojourn eligible for employment activities as a business.
The Defendant organized a small-scale steel team by recruiting foreign workers to work at the steel site through F (F, the prosecution on June 17, 2020) and G (G, June 24, 2020) in accordance with the direction that foreign workers will work at the unit price so that the steel work can be carried out at KRW 185,00 per day, and KRW 23,500 per average, from E, who is in charge of C (State) and D (State) in the construction site of the above B apartment site.
The Defendant, upon delegation of payment by proxy from foreign workers recruited by F and G, had F and G transfer some of the money to foreign workers after deducting the money as commission fees from receiving payment by proxy from C (State). Some of the money was to be refunded from F and G under the name of commission. According to F and G’s instructions, the Defendant conspired with E, F, G, etc. to arrange the employment of foreign workers of the above C (State) in order to help them work for C (State).
Accordingly, around April 2019, the Defendant recruited a foreigner H (H and I) of Vietnam’s nationality from around 185,000 per day to a part of the construction work site in the above B apartment site by recruiting him/her from January 1, 2019 to June 30, 2019, 36 foreigners of Vietnam’s illegal stay in Vietnam in the above manner, as shown in the list of crimes, from around 2, 2019 to around 30, as shown in the list of crimes, to work at the above construction site. From February 2, 2019 to July 24, 2019, the Defendant had 25,200,000 won in total from F from July 24, 2019; and on April 2, 2019.