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(영문) 대전지방법원 천안지원 2014.10.02 2014고단261

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 197, the Defendant, as the representative director of the Dental E Hospital located in Asan City, has been engaged in such tasks as wages of workers, deduction of national pension contributions, payment of health insurance premiums, etc.;

1. From March 2012 to July 2013, 2012, at the above E Hospital: (a) deducts KRW 176,840, such as national pension premiums of KRW 99,490, health insurance premiums of KRW 65,020, employment insurance premiums of KRW 12,30, and employment insurance premiums of KRW 176,840 from the amount of benefits of the above company employees of the above company; (b) during the course of occupational custody, it was used voluntarily for the company operation funds of the above company at that time; (c) from March 2012 to July 2013, 2012 as indicated in the attached list of crimes; (d) embezzled the victims’ property from time to time using the amount of national pension premiums of KRW 142,87,870, as the national pension premiums of the victims who are employees of the above company from their respective benefits to July 2013

2. Around March 20, 2012, a medical corporation, the insured of the National Pension Service, as the representative director of the Hospital E Hospital of the Korea Medical Foundation, received a notice of a notice of the notice of accusation and demand for payment of national pension contributions from the president of the Korea Health Insurance Corporation to pay the above company’s national pension contributions, such as F, etc., from March 2012 to July 201 of the same year, but did not pay the national pension contributions of KRW 253,424,181 within the payment deadline without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement of the police and prosecutor's office with respect to G, H and I;

1. A written confirmation of pension premium payment, reply to the details of delinquent insurance premiums, reply to the request for the cooperation in investigation, reply to the request for the cooperation in investigation, investigation report (the details of delinquency in payment of 4 major insurance premiums in the Dental E Hospital, which is a medical corporation), investigation report (Submission of the details of unpaid insurance premiums A), investigation report by a suspect, investigation report by a suspect, and examination of a suspect;