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(영문) 울산지방법원 2018.05.30 2018고단94

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 4, 2017, the Defendant was sentenced to a suspended sentence of two years for a year, due to a violation of the Labor Standards Act at the Ulsan District Court on August 4, 2017.

8.12 The judgment became final and conclusive.

The defendant is a person who has operated the Dispute Resolution, which is a cooperative company in Ulsan-gu, Ulsan-gu, as a representative director, from May 2013 to September 2015, and paid and managed the wages of employees.

On November 2014, the Defendant had been willing to divert the amount, which was deducted for the purpose of four insurance premiums of its employees, due to difficulties in the operation of the above credit rating company D, to the corporate operating expenses.

Accordingly, around November 10, 2014, the Defendant embezzled KRW 69,164,460 of the total amount of money deposited in business for the victim E, who was an employee of the said company, for the purpose of paying the fourth premium out of the amount of the amount paid in November of the same year by deducting the total amount of money deposited in business for the victim, who was an employee of the said company, without paying it to the Corporation at will, around that time, by using it arbitrarily for the operation of the company. From that time to May of 2015, the Defendant embezzled the amount of money deposited in business for the purpose of paying the fourth premium from the total amount of 45 employees of the said company in attached Form attached to the crime list by deducting the total amount of money deposited in business for the purpose of paying each four premiums from May 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about transaction details;

1. Statement made by the police for E;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reasons for sentencing under Article 62-2 of the Social Service Order Act are the latter concurrent crimes of Article 37 of the Criminal Act.