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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. The defendant is a de facto manager of processing company C, which is located in Busan-gun B, who is engaged in the business of workers' pay, national pension contributions, deduction of insurance premiums, etc.;
On February 2, 2010, the Defendant, as a worker C, deducted KRW 135,00 from the national pension insurance premium to the national pension premium for the victim D among the amount of the national pension premium, and paid it as the national pension premium for the victim D. At that time, the Defendant arbitrarily used the amount of the national pension premium for the employee E, victim D, victim F, victim G, victim H, victim I, victim J, victimJ, victim K, victim K, victim K, victim L, and victim M from February 2010 to June 2012, 201, the Defendant arbitrarily used the amount of KRW 10,135,785 in the name of the national pension worker’s share from February 20, 2010 to June 2012, 2010, and arbitrarily used the amount of KRW 6,864,05,050 in the name of the health insurance premium for the employee from March 1, 2010 to June 15, 2015.
Accordingly, the defendant embezzled the victims' property.
2. On July 19, 2012, the Defendant in violation of the National Pension Act received a notice from the head of the office of the above C, from the head of the National Health Insurance Corporation’s branch office, to pay the national pension contributions of E, D, F, G, H, I, J, K, L, and M, the employees of the above company, but did not pay KRW 21,073,920 of the national pension contributions from February 2010 to June 2012 without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the N in the police station;
1. Application of statutes on details of health insurance premiums and pension premiums in arrears;
1. Relevant Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Articles 128(2)2 and 95(2) of the National Pension Act (the point of unpaid national pension), and the choice of each fine for a crime.