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(영문) 대구지방법원 김천지원 2016.10.19 2016고단496

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

As the actual representative of D established for the purpose of the assembly of mobile phones in the Gu and American City, the employees of the above enterprises have been engaged in the affairs such as collecting the money in the name of the employee contributions from the national pension premiums and health insurance premiums after deducting the money from the wages of the employees of the above enterprises.

1. Around October 2013, the Defendant, at the above D office, arbitrarily used KRW 8,440,200, the sum of 18,000,000, which was kept by deducting 81,000 from the national pension contributions as employee contributions, among the national pension contributions, for the victim’s occupational custody for the victim, as well as arbitrarily used for the company’s operational funds around that time. From October 2013 to July 2014, the Defendant deducted the total of 18 wages, including the victim E, under the name of national pension contributions and health insurance premiums, from the total of 18 wages, including the victim E, for the victims, as shown in the attached crime sight (1).

Accordingly, the defendant embezzleds the assets of the victims of occupational custody.

2. On November 15, 2013, the Defendant in violation of the National Pension Act received a demand notice from the former branch of the National Health Insurance Corporation to pay national pension contributions to its employees at the office of the above company, and received a demand notice as specified in the attached Table of Crimes (2) from October 2013 to July 2014, the Defendant did not pay the employees totaling KRW 14,312,820 within the payment period without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a written accusation and a written demand for arrears, inquiry into the history of sending a written demand notice, and advance notice for accusation;

1. Relevant Articles 356 and 355(1) of the Criminal Act for criminal facts (with overall control, occupational embezzlement) of the same Act, Articles 128(2)2 and 95(2) of the National Pension Act (with overall control) of the same Act, and the choice of imprisonment with labor for each type of crime;

1. Article 37 of the Criminal Code among concurrent crimes.