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(영문) 대구지방법원 김천지원 2015.07.15 2015고단343

업무상횡령등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. at the time of Gu and Si, and is engaged in the business of paying the insurance premium after deducting the contributory portion from the national pension premium, health insurance premium, and employment insurance premium of the above workers.

1. Around July 2013, the Defendant, at the office of the above company, embezzled the Defendant’s benefits, after deducting KRW 38,250 as employee contributions, from the amount of national pension contributions, and then embezzled the Defendant’s business for the purpose of paying national pension contributions, using KRW 13,00,03,010 under the name of national pension contributions, as shown in the attached Table of Crimes (1), including arbitrarily used funds for the operation of the company at around that time, from July 2013 to August 2014, as shown in the attached Table of Crimes (1).

2. An employer of a workplace to which an employment provided policyholder in violation of the National Pension Act belongs shall pay the pension premium within the payment deadline unless there exists any justifiable reason.

Nevertheless, around September 23, 2014, the Defendant received a demand notice to pay ten national pension contributions, including D, etc., who are the employees of the above company, from the old U.S. branch office of the National Health Insurance Corporation by October 10, 2014, and a notice of a notice of demand for payment and a notice of demand for accusation of the workplace in arrears, but failed to pay them within the payment deadline without justifiable grounds, as shown in the attached Table of Crimes List (2), from July 2013 to August 2014, the Defendant did not pay 16,793,260 national pension contributions, including D, to the National Health Insurance Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A written accusation (the representative of a business place having four major premiums and a large amount of delinquent premiums) and a premium;

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