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

[criminal records] On November 3, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution due to the violation of the Labor Standards Act at the Changwon District Court’s branch branch, and the judgment on November 11, 2016 became final and conclusive.

[2] The Defendant, as the representative of the (State) E, who is a collaborative company in the city of Gyeongnam-si from around April 2010 to April 2016, is a person who is engaged in the duty of health insurance, national pension, employment insurance, etc. of workers.

On January 2016, the Defendant: (a) deducted KRW 166,90,00 of the national pension premium to be paid to the National Pension Service from the victim F who was employed by the above company; and (b) used the company’s employees as wages, etc. around that time, and then embezzled the company’s employees by arbitrarily using KRW 19,279,620 in total of the national pension premium, health insurance premium, employment insurance premium, and KRW 31 of the company employees until February 2016, as shown in the annexed crime list, from around February 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint, seizure of claims, passbook of a corporation, and executive ledger;

1. Each investigation report (a statement on attachment of agreements, claims, a statement on wages for January and February, and the unpaid status of premiums for four months);

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes to inquiries and investigation reports;

1. Articles 356 and 355 (1) of the Criminal Act, the applicable law and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. According to the sentencing guidelines of the Supreme Court, the type is determined by summing up the amount of damage in the basic area (from April to January 1) (the basic area (from April to April 2) in the scope of the recommended punishment [the scope of the recommended punishment] No. 1 (the scope of the recommended punishment).