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(영문) 부산지방법원 동부지원 2018.08.29 2018고단14

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation in the old year of creative development, who is engaged in the business of paying four major insurance premiums, such as national pension premiums, health insurance premiums, medical care insurance premiums, employment insurance premiums, etc. collected from the victims' wages to the National Pension Service, etc.

From January 2016 to December 12, 2016, the Defendant collected 1,771,410 won in total from 905,850 won in total of the national pension premiums of the victim D, 683,220 won in total of health insurance premiums, and 44,750 won in total of employment insurance premiums, and 137,590 won in total of employment insurance premiums, and embezzled 43,290 won in total of 47, 290 won in the company’s office as stated in the list of crimes in the attached Table, while the Defendant was in business custody for the victim, and embezzled it by arbitrarily using the company’s operating expenses, etc. while the Defendant was in business custody.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each complaint;

1. Application of statutes, such as details of each account transaction, details of imposition of workers, etc.;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommendations] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes / [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommendations] where mass victims (including workers, shareholders, creditors, etc.) have caused large amounts of damage (including special aggravated persons), or where the victims have caused serious damage (the decision of sentencing] where the amount of damage is significant, and where the damage has not been recovered, the punishment as ordered by selecting imprisonment shall be determined