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(영문) 대전지방법원 서산지원 2015.09.17 2015고단468
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From February 19, 2000 to operate D Co., Ltd., which is a machinery and plant construction company in the 9th floor of Gangseo-gu Seoul Metropolitan Government, from around February 19, 2000, the Defendant is a person who has been engaged in duties such as workers' benefits,

Around July 2014, the Defendant paid the Victim H, who is an employee at the scene of the construction work, during the course of G construction work, while he was in the occupational custody of 20,820 won that was withheld under the pretext of the employee’s contribution, among the national pension insurance premiums, health insurance premiums, employment insurance premiums, etc., for the victim, he arbitrarily used the total amount of KRW 163,95,451, including the total amount of the employee’s contribution to be paid by 214 employees, from February 2015 to February 2015, and embezzled the amount of KRW 163,95,451, including the employee’s contribution to be paid by the same method as in the list of crimes in the attached Table, for the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Report on internal investigation (Attachment to the collection rate table of national pension, etc. and the unpaid details of union expenses), report on internal investigation (Attachment to the specifications of D labor expenses), and report on internal investigation (Attachment to the submitted details of suspected victims, details of payment of union expenses);

1. Application of Acts and subordinate statutes on the detailed statement of payment of expenses for daily labor, employment insurance worker worker, such as a written confirmation after the payment of the national pension;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution : Type 2 (100 to 50 million won) basic area (8 to 3 months): There is no one-stage increase (special person) as a result of the combination of identical competitions (the decision of sentencing ] [the decision of sentencing ] Defendant has withheld from employees under the name of four major insurance premiums, etc. when

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