A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the actual representative of the corporation C in Ulsan-gu, Ulsan-gu, who is engaged in the business of collecting national health insurance premiums, pension premiums, etc. from the wages of workers belonging to the corporation and paying them to the relevant institutions, such as the National Pension Service.

From May 2017 to October of the same month, the Defendant collected 516,250 won in total of the victim’s national health insurance premiums, and 560,680 won in total of pension insurance premiums, and 1,076,930 won in total for the victim’s occupational custody from the company employees to the company’s office, and used 20,27,980 won in total for the management expenses of the company for the victim. At that time, the Defendant did not pay insurance premiums to the relevant agency and used it arbitrarily for the management expenses of the company. The Defendant collected 18 victims’ health insurance premiums, pension premiums, and 20,27,980 won in total as indicated in the attached list of crimes.

Accordingly, the defendant embezzled while keeping the victims' property in violation of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as each pension and health insurance premium payment certificate;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense / [Selection of imprisonment with prison labor]

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. It appears that the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, which resulted in the instant crime due to aggravation of management of the company, was not intended to gain personal benefits, and all the delinquent national health insurance premiums were paid. The defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the commission of the crime, circumstances after the commission of the crime, etc. are considered to have been considered, and the execution of the sentence is to be suspended.