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A defendant shall be punished by imprisonment 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 a person running a “C” company from the wife population B in Young-si.
No person shall arrange or solicit the employment of any foreigner who has no status of sojourn eligible for employment activities.
Nevertheless, the Defendant, from September 12, 2016 to November 22, 2016, entered the above “C” company from around September 12, 2016 to around November 22, 2016, under B-1 (Visa exemption) that does not constitute status of sojourn eligible for employment.
d. E employs 11 foreigners who do not have the status of stay to work as shown in the list of offenses, including employment of 140,000 won per month salary, as a condition to pay 1.4 million won per month.
Summary of Evidence
1. Statement by the defendant in court;
1. Written opinion, examination decision, certificate of employment of foreigners, and copy of business registration certificate;
1. The application of statutes to each immigration offender of a copy of written notice of examination;
1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment for a crime;
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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the condition that the number of foreigners employed is very large and the period of employment is also long;
It is difficult to see that there is no record of criminal punishment since 1996, and the circumstances leading to the crime, etc.