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(영문) 대구지방법원 김천지원 2015.08.13 2015고단447
업무상횡령등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of (StateB) B established for the purpose of producing and selling synthetic plastics in Gu and Si, and is engaged in the business of paying the insurance premium after deducting the contributory portion from the national pension premium, health insurance premium, employment insurance premium, from the wages of the above workers of the above company.

1. Defendant A

A. A. From August 2013 to May 2014, the Defendant: (a) was in the office of the Dispute Resolution Co., Ltd., a worker, after deducting KRW 179,100 as a worker’s contribution from the national pension premium; and (b) was kept for the victim for the purpose of paying the national pension premium; (c) around that time, the Defendant used the victim’s F, G, H, I, J, J, K, L, M, Q, P, Q, Q, R, S, T, T, U, and V arbitrarily from around August 2013 to around May 2014 under the name of the national pension premium to around KRW 6,507,352,52,80 from August 2, 2013 to May 37, 2014; and (d) arbitrarily used the Defendant’s health insurance premium under the name of health insurance premium from around 207,352,813 to May 28, 2014.

Accordingly, the defendant embezzleds the victims' property in breach of their occupational duties.

B. On September 23, 2014, the Defendant violated the National Pension Act: (a) at the office of the foregoing company’s office, the Defendant received a notice of demand to pay KRW 16,823,660 from the former branch of the National Health Insurance Corporation to pay the aggregate of the national health insurance premiums of the foregoing company from F, G, H, I, J, K, L, M, N, P, Q, Q, Q, T, R, R, S, and U, without justifiable grounds; and (b) on October 10, 2014, the Defendant did not pay KRW 16,751,940 from November 1, 2013 to May 2014, 2014, 16 employees F, etc., including employees F, etc., as described in the attached list of crimes (2).

2. The defendant A, the representative director of the defendant A, shall perform the above act in relation to the business of the corporation as described in paragraph 1-B.

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