Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

The Defendant is the representative of C in Kimhae-si, and the Defendant withheld the amount of each of the national pension insurance premiums from the above C workers of each month, and paid the pertinent employee's contributions withheld at source to the National Health Insurance Corporation by October of the following month along with the employer's contributions.

Nevertheless, from February 2, 2019 to February 2020, the Defendant: (a) collected 1,857,340 won from the victim’s national pension insurance premium of the victim D, who is an employee, from the victim’s office; and (b) used 13,541,30 won in total of the national pension premium withheld from the victim’s six employees, from February 2019 to February 202, 200, and embezzled 13,541,30 won from the victim’s six employees, as shown in the list of crimes committed in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to written notice of demand for pension, written confirmation of subscription for pension calculation;

1. Relevant provisions of the Criminal Act and Articles 356 (1) and 355 (1) (main sentence for each victim) of the Criminal Act concerning criminal facts and the choice of each fine;

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;