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(영문) 대구지방법원 김천지원 2013.10.02 2013고단764

업무상횡령등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of one thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. From September 2009, the Defendant is a person who had been engaged in the duties such as workers’ wages, national pension contributions deduction, insurance premium payment, etc. while operating a stock company B in the Gu and America.

On September 2010, the Defendant, at the above company’s expense, deducted KRW 90,00 from the amount of the national pension premium, as an employee’s contribution, from the amount of the national pension premium, and embezzled KRW 22,390,776 in the name of the health insurance premium from November 2009 to January 2012, 201, the Defendant used the amount of KRW 28,926,620 in the name of the national pension premium from January 2010 to January 2012, 201, for the purpose of paying the said amount as the national pension premium, and arbitrarily used it as an employee’s operating fund, and embezzled the amount of KRW 609,620 in the name of the national pension premium from March 2010 to February 2012, 208, including the amount of KRW 90,620,620 in the name of the national pension premium.

B. The Defendant in violation of the National Pension Act, even though he/she received a notice of demand for payment of the national pension insurance premium, such as D, from the former branch of the National Health Insurance Corporation, from the former branch of the National Health Insurance Corporation, to February 20, 2013, from the former branch of the National Health Insurance Corporation, on or around February 6, 2013, the Defendant did not pay the national pension premium of 31,524,240 won within the payment period from April 2010 to March 2012, 2012 without justifiable grounds.

2. Defendant B, at the time and place specified in paragraph (1)(b), the Defendant, a representative of the Defendant, committed a violation under paragraph (1)(b) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer concerning theO;

1. A written accusation;

1. Investigation report (to hear statements of accusers and reports);

1. Copy of the corporate register, which is the result of sending a written demand notice, and the details of arrears of premiums by place of business;

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