Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a business owner who operates the "C" in Busan Seo-gu B, and has been in charge of the affairs such as workers' benefits, national pension contributions deduction and payment.

On September 2013, the Defendant, in relation to D’s benefits, deducted KRW 287,980 as an employee’s contribution from the national pension insurance premium, and then paid it as a national pension premium to D, and around that time, he/she was employed arbitrarily as an employee’s salary, and embezzled it by arbitrarily using KRW 5,650,530, in the name of the national pension premium until October 2015, as well as arbitrarily using KRW 5,650,530.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written confirmation of subscription details for the determination of pension benefits;

1. Application of Acts and subordinate statutes of a certificate;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;