A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person operating C in Chungcheongnam-si, Chungcheongnam-si.

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, as prescribed by Presidential Decree, and no person shall employ any person who has no such status of sojourn as above.

Nevertheless, from October 10, 2019 to November 14, 2014 of the same year, the Defendant employed 14 foreigners who do not have the status of sojourn that allows employment as shown in the attached list of crimes, by paying KRW 1,250,00 per month for working in Thailand’s nationality D (n, 28 years of age) which does not obtain the status of sojourn that allows employment from around October 10, 2019 to work in the above C.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of employment of an employee foreigner;

1. Notice of examination and decision of an employee foreigner;

1. Application of the Acts and subordinate statutes governing the long-term and short-term stay of foreigners;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions that are favorable to the disadvantage of sentencing under Article 62(1) of the Act on the Suspension of Execution: The fact that the number of illegal foreigners employed by the defendant seems to be against his/her wrong act: the fact that only one of the previous offenses is deemed to exist, and the defendant's age, character and conduct, environment, criminal records, circumstances surrounding the crime, and circumstances after the crime, etc.