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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person of "2016 Highest 1311" shall employ any person who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree.
From August 27, 2015 to November 9, 2015, the Defendant: (a) paid 1.5 million won per month a month a single-name “D (the title E, E, and 53 years of age)”, a female of the mother’s nationality, who does not have the status of sojourn eligible for job-seeking activities, at the marina business place operated by the Defendant in Gangseo-gu Seoul Metropolitan Government, from around August 27, 2015 to Nov. 2, 2015; and (b) employed a total of nine persons who do not have the status of sojourn eligible for job-seeking activities, as described in the attached Table 1, such as employment as a marina branch office.
No person of "2016 Highest 3535" shall employ any person who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree.
From March 15, 2016 to March 24, 2016, the Defendant: (a) paid 1.5 million won per month a month female F with the nationality of Thailand who does not have the status of sojourn eligible to engage in job-seeking activities at the “C” marina business operated by the Defendant located in Gangseo-gu Seoul Metropolitan Government (B-1); (b) from March 15, 2016 to March 24, 2016; and (c) employed 10 persons who do not have the status of sojourn eligible to engage in job-seeking activities as described in the attached Table 2, such as employment of marina branch offices.
Summary of Evidence
[2016 Height 1311]
1. Defendant's legal statement;
1. A notice of decision on examining an immigration offender (2016 highest 3535);
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Relevant Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the same Act concerning the facts constituting an offense, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is favorable in terms of the fact that the defendant recognized his mistake and reflects it, there is no same record, and the closure of the business.