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(영문) 대구지방법원 김천지원 2015.07.15 2015고단512

업무상횡령등

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 1,500,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a representative director in B established for the purpose of designing, manufacturing, etc. semiconductor CD machinery in the Gu and America, and is engaged in the business of paying the insurance premium after deducting the contributory portion of the national pension premium, health insurance premium, and employment insurance premium from the wages of the employees of the above company.

1. Defendant A

A. On November 2013, the Defendant: (a) at the office B in the instant dispute resolution committee office minus KRW 238,500 as a worker’s contribution from the national pension premium; and (b) was kept in business for a victim to pay the national pension premium; (c) around that time, he/she arbitrarily used it as a company’s operating fund; and (d) was kept for victim D, E, E,F, G, H, and I from November 2013 to December 2013, 2013; and (e) arbitrarily used KRW 3,138,480 in the name of national pension premium from November 201, 2013 to December 201, 2013; and (e) arbitrarily used KRW 2,232,440 in the name of health insurance premium from November 2013 to December 2013, 2013; and (e) used KRW 403,4035,30383 in the name of employment insurance premium from November 426.

Accordingly, the defendant embezzleds the victims' property in breach of their occupational duties.

B. Although the Defendant in violation of the National Pension Act received a demand notice to pay national health insurance premiums from the former branch of the National Health Insurance Corporation from the former branch of the National Health Insurance Corporation from November 2013 to September 2014, 2014 and a notice of demand for payment from the former branch of the National Health Insurance Corporation, the Defendant did not pay the total amount of 13,313,980 won of national pension premiums from around November 2013 to August 2014, 2014, as shown in the attached Table of Crimes (2) without justifiable grounds.

2. The defendant B, a representative director of the defendant, committed the above act in relation to the corporation's business as described in paragraph (1)(b).

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant ..

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