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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal record] On February 8, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Guarantee of Workers' Retirement Benefits in the Seoul Eastern District Court, and the said judgment became final and conclusive on February 20, 2018.
[2] The Defendant, from February 2006 to May 201, 2017, has a overall control over the affairs such as fund management, while operating the Victim Dispatching Business, Facility Management Business, Security Business, etc. in Songpa-gu Seoul Metropolitan Government.
1. Around October 2008, the Defendant, in the name of F, embezzled for the benefit of F, was registered as the auditor of the victim company even though F had not worked for the victim company, and embezzled the F’s funds of KRW 4,500,000 for the company in the course of business for the victim by arbitrarily paying to F for the benefit of the victim, and then arbitrarily paying to F until March 2010, the Defendant embezzled the F amount of KRW 81,000,000 for each month’s salary from March 201.
2 Around October 2013, the Defendant embezzled the sum of KRW 26,40,00,000 for each month from December 2013 to June 2014, 2014, including embezzlement of KRW 3,040,000 for the company’s funds kept in his/her business for the victim, even though he/she did not have worked for the victim company, by arbitrarily paying KRW 1,00,000 for the company’s funds kept in his/her business for the victim as a salary, and then arbitrarily paying KRW 3,20,000 for each month from around December 2013 to June 2014.
3. The Defendant, in around September 2012, embezzled in the name of the fourth insurance premium for H, he/she paid 146,540 won at will to the Health Insurance Corporation, etc. from that time until June 2016, including: (a) the amount of KRW 146,540, including KRW 73,270, and KRW 73,270, out of the company’s funds in his/her business custody for the victim, even though he/she had not worked in the victim’s company; and (b) he/she embezzled the amount of KRW 146,540, among the company’s funds in his/her business custody for the victim.