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(영문) 서울동부지방법원 2013.06.20 2012고단3239
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from December 24, 2009 to December 24, 2009, is serving as the representative of the apartment controlled entity “E” on the five floors of Gangdong-gu Seoul Metropolitan Government DD Building, and is engaged in the management of E’s fund operation and employee benefits.

1. Around July 2010, the Defendant: (a) paid KRW 95,401 among the employees’ benefits to the National Health Insurance Corporation after deducting KRW 4,122,320 from the health insurance premium to pay to the victim; (b) paid KRW 95,401 among them to the Victim; and (c) embezzled the remainder of KRW 3,126,919 for voluntary consumption and embezzlement under the name of the company’s operating expenses around that time; and (d) embezzled the sum of KRW 52,794,49 for voluntary consumption during the period from that time to July 2012, as indicated in the list of crimes (the current status of the payment of health

2. Around July 2010, the Defendant: (a) was kept in the company’s employees’ benefits by deducting KRW 3,308,510 from the national pension contributions to pay to the National Health Insurance Corporation; (b) voluntarily consumed and embezzled the company’s operating expenses, etc. at that time; (c) and (d) embezzled a total of KRW 40,992,260 as indicated in the attached Table of Crimes (the current status of payment of national pension premium) between July 2012 and July 2012.

3. Around August 2010, the Defendant: (a) was kept in the company’s employees’ benefits by deducting KRW 1,019,938 from the amount of employment insurance premium to pay to the National Health Insurance Corporation as the employment insurance premium; (b) voluntarily consumed and embezzled the company’s operating expenses, etc. at that time; (c) and (d) embezzled KRW 6,028,015 by voluntarily consuming KRW 6,028,015 as indicated in the separate crime list (the current status of payment of employment insurance premium) from that time

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. A written accusation, a notice of scheduled accusation by the Representative, a detailed statement of return linked to the National Tax Service related to earned income, a comprehensive statement of collection;

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