업무상횡령
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a representative of the company located in Michuhol-gu Incheon, Michuhol-gu, from January 10, 2003 to June 30, 2014, who has been engaged in the affairs such as wages of workers, national pension contributions deduction, insurance premium payment, etc.
On June 2012, the Defendant, at the above C’s workplace, embezzled KRW 139,180 as employee contributions from the national pension premium from the victim D, who is an employee, at the above C’s workplace, after deducting KRW 139,180 as employee contributions from the national pension premium, and then paid the deduction amount to the national pension premium for the victim. At that time, the Defendant used the deduction amount arbitrarily from December 2, 2011 to June 201, and embezzled KRW 4,835,380 as stated in the separate crime list between the victim D and E, who is an employee of the above company, for 37 occasions in total, as shown in the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement of D or E;
1. Application of Acts and subordinate statutes on filing an accusation, a written confirmation of the details of subscription for pension calculation, and the details of subscription for national pension;
1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of fines for the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;