A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2017 Highest 4899]

1. The Defendant carried on a set manufacturing business with the trade name of “C” in Spocheon-si B.

On August 9, 2017, from around September 6, 2017 to around September 6, 2017, the Defendant employed 28 foreign nationals who did not have the status of stay eligible for employment as indicated in the “C” to pay monthly salary of KRW 1,300,000 to the foreign nationality D (D, female, E).

[2017 Highest 4965]

2. If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant employed 11 foreigners who do not have the status of sojourn eligible for employment as in the “C” in the Defendant’s operation of the Defendant located in Macheon-si, who did not have the status of sojourn eligible for employment in the “C”, to pay KRW 1.8 million per month from September 7, 2017 to September 12, 2017, and who did not have the status of sojourn eligible for employment as in the attached Table 2, including employment as an employee.

Summary of Evidence

[2017 Highest 4899]

1. Statement by the defendant in court;

1. A written accusation, written opinion, review decision, certificate of employment of foreigners, and business registration certificate;

1. C List of employees;

1. A written notice of review on and a written statement on an immigration offender (28 persons);

1. Statement by the defendant in court;

1. A written accusation, examination and decision;

1. A certificate of employment of foreigners;

1. A written notice of examination and decision;

1. Application of Acts and subordinate statutes to employment statements;

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

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. The fact that many foreigners are illegally employed for the reason of sentencing under Article 62(1) of the Criminal Code of the suspended sentence.