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(영문) 서울중앙지방법원 2017.10.13 2017고정2362
업무상횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, who is a de facto operator of “G” cafeteria located on the F 12th floor in Ulsan-gu E, has been in charge of paying the national pension premiums, health insurance premiums, and long-term recuperation insurance premiums from workers’ benefits.

around January 2016, the Defendant, in the above “G” wage of the victim H, deducted KRW 132,750 from the national pension insurance premium, and KRW 97,810 from the health insurance premium and long-term care insurance premium for the victim’s personal contributions, and embezzled KRW 6,785,50,00 from January 2016 to February 2017, the Defendant voluntarily used the aforementioned method while working for the victims after deducting KRW 132,750 from the national pension premium, and KRW 97,810 from the health insurance premium and long-term care insurance premium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes of subparagraph (A) to the complaint and the reply letter;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of fines (including the agreement with victims and the recovery of the damage, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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