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The defendant shall be innocent.
Reasons
1. The Defendant is the E-representative director of the company E, a corporation in P from January 2005 to Paju, who is engaged in general affairs related to the accounting, such as management funds of the company, the settlement of the monthly salary of its members, national pension, national pension, health insurance, long-term care insurance, payment of employment insurance, etc.
The defendant was notified by the National Pension Insurance Corporation that the victim F, who is a driver of the above company, was 16,020 won.
Nevertheless, on June 201, the Defendant issued a monthly salary statement stating that the national pension premium was KRW 33,550 to the above victim F, and received a notification from the National Pension Insurance Corporation as a principal contribution to the national pension premium, and deducted the above amount from the monthly wage to be paid to the victim and paid it to the National Pension Insurance Corporation. As such, the Defendant had the victim receive more deducted monthly wage than KRW 17,530, which is the difference, and acquired financial benefits equivalent to the same amount.
In addition, from around that time to around September 2011, the Defendant acquired the pecuniary benefits of KRW 2,315,950 in total from 26 victims in the same manner as indicated in the attached list of crimes (Provided, That “suspects” in each annexed sheet shall be deemed “defendants”).
2. We examine the judgment, and since each police interrogation protocol against the defendant denies the contents of the defendant, it is not admissible as evidence, and the submission of other prosecutor evidence alone is insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge it.
Rather, in full view of the witness G, H, and I’s respective legal statements, the Defendant was aware of the fact or outline of the tax accounting affairs related to the pay accounting affairs of taxi engineers, and as stated in the facts charged in the instant case, the national pension premium was part of the monthly salary of each taxi engineer.