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A defendant shall be punished by imprisonment with prison labor 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.
Reasons
Punishment of the crime
The Defendant is operating a textile manufacturing business with the trade name “C” in Gyeonggi-si, Gyeonggi-do.
If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a foreigner who has no status of sojourn eligible for employment activities.
Nevertheless, the Defendant employed “C” offices from around December 2, 2013 to April 24, 2018 on the condition that “D”, a Vietnamese, who did not have the status of sojourn eligible for employment, should pay monthly salary of KRW 1.9 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the draft D;
1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act, and the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act of the suspended execution (including the fact that there is no criminal record, other than a single fine for a crime committed against this Chapter, and the fact that a second offense is committed);