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(영문) 수원지방법원 안양지원 2013.12.12 2013고단1460

업무상횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of a corporation B, who is engaged in the affairs such as workers' benefits, national pension contributions deduction, insurance premium payment, etc.

On April 2012, the Defendant embezzled D’s benefits, which were employees, as indicated in the list of crimes, from around April 2012, 104, 104 and 102, after deducting KRW 168,30,00 as employee contributions from national pension insurance premium, and paid it as national pension premium for D, and around that time, he arbitrarily used it as company’s operating funds. From April 2012 to February 2013, the Defendant embezzled D’s total amount of capital in the above D’s national pension contribution from around nine times, as indicated in the list of crimes, for the purpose of arbitrarily using it, such as paying KRW 1,389,720, or paying part of it.

The embezzlement of premiums paid for the national pension premium temporarily withheld on April 168, 2012, 300 34,140 134,160 2,200 168,300 168,300 168,300 303, 168,30 28,430 139,870 4 August 168, 2012, 300 00 168,300 168,300 168, 300 168, 300 68, 300 68, 300 68, 300 168, 300 168, 300 168, 3007 168, 168, 300 168, 168, 3016, 308, 197

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a monthly payment certificate of national pension contributions of a stock company B, and calculation of suspect embezzlement amount);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning 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. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence)