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Defendant shall be punished by a fine of 6,500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[2018 High 150] The Defendant, as the representative director of C, a company in Yong-gun B, South Yong-gun, has been engaged in the business of the company, such as financial management and payment of wages to employees.
From July 2015 to October 2015, the Defendant: (a) deducted the sum of the national pension insurance premium from the victim’s D’s wages to KRW 990,00; (b) the sum of the national pension premium from the victim’s wages to KRW 871,200; and (c) deducted the sum of KRW 2,668,50 from the sum of the national pension premium from the victim’s wages to KRW 807,300; and (d) took custody of the aforementioned victims for their business purposes, the Defendant arbitrarily consumed the said amount under the pretext of other persons’ wages.
Accordingly, the defendant embezzled the victims' property.
[2018 High 151] The Defendant, as the representative director of C, is a person who has overall control over the business of the company and is engaged in the business of managing the company’s funds and paying employee wages.
On July 2015, the Defendant, at C’s office located in Young-gun G prior to the lapse of time, deducted KRW 310,220 from the national pension among the benefits of the victim H of the victim who was employed by C, and did not pay it to the National Pension Management Corporation and used it arbitrarily as the benefits of other workers around that time.
In addition, from the above day to January 2017, the Defendant did not pay the total amount of KRW 7,687,00,000 for the national pension, etc. from two victims to 31 times in total, as shown in the list of crimes in the attached Table of crimes, and used it at will as wages of other workers.
Accordingly, the defendant embezzled the victims' property.
Summary of Evidence
[2018 High Court Decision 150]
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A complaint, a criminal investigation report (in whole with a certificate to be registered as a suspect), evidentiary materials (written confirmation of subscription to pension calculation and a written confirmation of subscription to pension calculation) and a criminal investigation report (a complainant).