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(영문) 춘천지방법원 원주지원 2018.01.18 2017고정192

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From September 7, 2015, the Defendant was working as the representative director of the C&A company located in the prime city from around September 7, 2015, and was engaged in the business of paying the National Health Insurance Corporation after deducting the national pension insurance premiums, health insurance premiums, long-term care insurance premiums, employment insurance premiums, industrial accident insurance premiums, etc. from the benefits of

From September 2015 to March 2016, the Defendant, at the above company’s office, embezzled KRW 117,846,519, which was arbitrarily consumed for the purpose of paying national pension premiums, health insurance premiums, long-term care insurance premiums, employment insurance premiums, and national pension premiums, and then was kept in business after deducting KRW 1,489,264 from the victim’s benefits, which were employees of the above company, for the purpose of paying health insurance premiums, long-term care insurance premiums, and national pension premiums. At that time, the Defendant embezzled KRW 117,846,519, which was arbitrarily consumed for the purpose of paying national pension premiums, health insurance premiums, long-term care insurance premiums, insurance premiums, and industrial accident insurance premiums, etc. from the employees of the above company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, and I;

1. Application of Acts and subordinate statutes to a criminal investigation report (at least once every month, 7,12,13,17,25);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of fines for the crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;