The judgment of the court below is reversed.

Defendant

A corporation shall be punished by a fine of KRW 10,000,000.

Defendant

B. A corporation.

1. Summary of grounds for appeal;

A. A person who employs an illegal foreigner, etc. who does not have the status of sojourn eligible for employment as stated in the facts charged in the instant case, such as a misunderstanding of facts or misunderstanding of legal principles (Defendant A), is a site warden of the Defendant Company B, not the Defendant A.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The punishment of each sentence of the lower court (Defendant A and Defendant B: imprisonment with prison labor for 6 months; suspension of execution for 2 years; and Defendant B: fine for 10 million won) is too unreasonable.

2. Judgment on Defendant A’s misunderstanding of facts or misapprehension of legal principles

A. The summary of the facts charged is that Defendant A is the representative director of Company B, and Company B is a corporation established for construction business, etc. with offices located in Suwon-si C and the third floor of Suwon-si.

No person shall employ any person who has no status of sojourn eligible for employment activities.

Nevertheless, from November 26, 2016 to January 20, 2017, Defendant A employed 42 persons, including the employment of Vietnam, who did not have the status of sojourn eligible for employment in the said stock company B, as well as the employment of 31 years of age, at the intervals of 14-240,000 won per day, such as the notification of detection of a foreigner staying in the attached Form.

B. The lower court found Defendant A guilty on the ground that each of the Defendants’ respective legal statements, accusation, notice of decision on examining immigration offenders, notice of detection of illegal aliens, etc., notice of payment of daily labor expenses, and record table of each registered foreigner, were admitted as evidence.

(c)

(A) Article 94 Subparag. 9 of the Immigration Control Act provides that “a person who employs a person who does not have the status of stay eligible for employment in violation of Article 18(3)” shall be punished, and Article 18(3) thereof shall be punished.