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A defendant shall be punished by imprisonment for six months.
The defendant shall pay 3,291,650 won to the applicant B, and 2,436.
Reasons
Punishment of the crime
[2018 Highest 198] The Defendant, from May 201, worked as the representative director of the company E with limited liability located in Yong-Gun, in the previous Yong-gun from around May 201, deducted the insurance premium from the employee’s pay, and is engaged in the National Pension Service and National Health Insurance Service.
On January 2017, the Defendant: (a) was kept in custody of the Victim F, who is an employee, to deduct KRW 139,500 as a national pension insurance premium from the victim F, and pay it to the National Pension Service; (b) around that time, he/she embezzled KRW 15,185,60 on his/her own consumption of the victim’s health long-term care insurance premium, national pension insurance premium, etc. from around December 2017, as shown in attached Table 1.
[2018 Highest 551] The Defendant, from May 201, worked as the representative director of the company E with limited liability located in Yong-gun, Namnam-gun, from now to now, is engaged in the business of deducting the premium from the employee’s wages and paying it to the National Health Insurance Corporation, etc.
On January 2017, the Defendant, who was an employee of the Victim G, embezzled KRW 1,871,440 on a total of nine occasions, including the amount of monthly long-term care insurance premium and national pension premium, which was kept in custody to deduct KRW 179,80,00 from the amount of monthly health long-term care insurance premium and national pension premium, and paid it to the National Pension Service, etc. at that time, and then embezzled KRW 1,871,440 on a total of nine occasions, including the amount arbitrarily consumed as corporate operating expenses, from around December 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to F, H, C, I, J, and G;
1. Application of each statute on filing of a complaint;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;
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. The reason for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution.