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(영문) 부산지방법원 동부지원 2015.07.21 2015고정522

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 2012, the defendant, as the president of the 'C Health Center' in Busan-gun B, performed duties such as workers' wages, national pension contributions deduction, insurance premium payment, etc.

From January 2013 to October 2014, the Defendant, at the above C Health Center, deducted the amount of national pension 72,90 won, health insurance 48,590 won, long-term care insurance premium 3,180 won, from the amount of the victim D’s pension, who is an employee of the above Health Center, and embezzled the amount of the victim D, E, victimF, victim G, victim H, and victim I’s national pension contributions from the above Health Center as well as the total amount of 6,252,860 won, including health insurance premium 1,139,650 won, long-term care insurance premium 74,480 won, and long-term care insurance premium 6,252,860 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or J;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to the submission of a victim's additional data, including D and three additional data) and a criminal investigation report (as to the submission and attachment of a victim's I additional data);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;