Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant, while working as the representative director B, is engaged in the business of deducting insurance premiums from the employees, and paying them to the National Pension Service and the National Health Insurance Corporation.

Around January 2019, the Defendant embezzled the victim E’s health, long-term care insurance premium, national pension premium totaling KRW 553,200 from around August 2019 to around August 2019, which was kept in custody in order to pay 41,170 won as national pension premiums to the National Pension Service after deducting 41,170 won from the victim’s benefits, which are employees working at the above D branch of the above corporation B, which was located in Sinsi-si, Inc., and embezzled it by arbitrarily consuming the victim’

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of an investigation report (F telephone conversations), investigative report (Attachment of details of corporate account), each account number list, investigation report (Attachment of a certified transcript of a corporation), insurance premium payment confirmation, and employment contract;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that long-term care insurance premiums and national pension premiums were in arrears with the victim’s health and pension premiums, and that were stored for the victim, but did not constitute embezzlement, but did not have the intent of embezzlement.

2. Under the relevant legal principles, an employer shall keep the monthly wage in order to collect the employee’s contributions from the national pension premium at source and to pay the said premium to the National Pension Management Corporation, and the employer does not pay the employee’s contributions withheld from the employee’s wages to the above Corporation.