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(영문) 인천지방법원 2020.06.26 2020고정153

업무상횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaged in affairs, such as workers’ benefits, national pension contribution deduction, insurance premium payment, etc. while operating “C Child Care Center” in Bupyeong-gu Incheon.

On July 2018, the Defendant, at the above “C Child Care Center”, embezzled the amount of KRW 1,660,810 as employee D, E, F’s national pension contributions and health insurance contributions, as shown in the attached list of crimes, from July 2018 to January 2019, after deducting KRW 59,980 as employee’s contributions from the national pension insurance premium, and then paying it as employee’s insurance premium for D. In the course of business, the Defendant was arbitrarily used as employee D, E, and F’s national pension contributions and health insurance contributions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes of each national pension, health insurance premium payment certificate (D, E, and F);

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) is contrary to the recognition of the crime in this case, and the circumstances leading to the crime in this case appears to be somewhat extenuating circumstances; the Defendant’s age, character and conduct, environment, means and consequence