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(영문) 대구지방법원 2013.10.24 2013고단5116
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, as a representative of C in the Gu and Si, is a person who has been engaged in the duties such as workers’ benefits, national pension contributions deduction, insurance premium payment, etc.

At around 2010, the Defendant, at the above C office, embezzled KRW 37,20,00, after deducting KRW 1,540,080 from the total amount of national pension premium of KRW 37,20,00 which is a worker, as a worker’s contribution, and paid it as a national pension premium for D in order to secure this, and at around that time, he arbitrarily used it as a total national pension premium of KRW 6,713,220, total sum of total national pension premium of KRW 4,297,250, total health insurance premium of KRW 765,96.

B. In around 2011, the Defendant, at the above C Office, embezzled the total amount of D’s total amount of benefits of KRW 34,100,00,00, after deducting KRW 1,411,740 as a worker’s contribution, among national pension contributions, paid as national pension contributions to D, and then arbitrarily used it at around that time while being kept in office, and embezzled it by arbitrarily using KRW 5,175,80 in total of national pension contributions for total employees of KRW 3,319,170 in total of health insurance premiums, and KRW 591,300 in total of employment insurance premiums as shown in attached Table 2 of Crimes List 2.

2. On February 2013, the Defendant violated the National Pension Act: (a) the Defendant received a notice of accusation from the head of the old U.S. branch office of the National Health Insurance Corporation to pay national pension contributions from February 2, 201 to November 2011 from the old U.S. branch office of the National Health Insurance Corporation; and (b) the Defendant did not pay the total amount of national pension contributions to KRW 29,569,420 within the payment deadline without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Urging for sending a written demand notice, inquiry into history, and details on arrears of premiums by place of business;

1. Each investigation report shall be filed in the U.S. dollars.

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