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(영문) 인천지방법원 부천지원 2021.02.04 2020고단847
업무상횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From October 2015 to May 3, 2019, the Defendant, as the president of the Kimpo-si building B and the “D Child Care Center” in subparagraph C, was engaged in the management of the overall operation of the child care center by paying the benefits to the teachers of the victimized person.

From May 2016 to July 2016 of the same year, the Defendant embezzled KRW 11,196,902 in total of the respective insurance premiums, which were deducted from the benefits of the victim and paid 50% of the health insurance premiums and national pension premiums imposed on the victim among the four (health, national pension, employment, and industrial accident), for the victim. Around that time, the Defendant voluntarily used KRW 112,290 for the purpose of paying the Defendant’s personal benefits and repaying the obligation, etc., as indicated in the attached list of crimes, from May 2016 to April 2019, the Defendant embezzled KRW 11,196,902 in total of the insurance premiums, which were deducted from the sources of income stored in the course of business for the victim’s total sum of 11,196,902 in the same way.

Summary of Evidence

The police suspect interrogation protocol against the accused;

1. A witness F, G’s statement of unpaid insurance premiums in each statutory statement, a benefit ledger (from June 2017 to February 2019), a statement of transactions in the name of a child care center, a statement of health insurance premiums imposition (from June 2017 to February 2019), a statement of determination of national pension insurance premiums (from June 2016 to until February 2019), details of imposition of insurance premiums for national pension (from December 2016 to until December 2019), details of imposition of insurance premiums for employment (from January 2016 to December 2019), details of imposition of charges for re-inducing (from January 2016 to December 2019), the place of use (loan, etc.) of embezzlement amount (the defendant and defense counsel are only those employed by F and G, and do not constitute a person employed by the defendant as the representative or operator of a child care center.

The argument is asserted.

According to the evidence duly adopted and investigated by this Court, the fact that the defendant was operating a child-care center, such as employing teachers, recruiting the original students, and paying wages while managing funds.

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