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(영문) 광주지방법원 해남지원 2017.08.24 2017고단115
업무상횡령등
Text

Defendant

A shall be punished by a fine of 2,00,000 won for a limited partnership company of a defendant, six months after the imprisonment of both parties.

Defendant

b)a partnership company;

Reasons

Punishment of the crime

[criminal record] On June 30, 2016, Defendant A was sentenced to a suspended sentence of one year on April 201 and the judgment became final and conclusive on May 24, 2017, due to the violation of the Labor Standards Act in the Southern Branch of the Gwangju District Court.

[2] Defendant B’s limited partnership is a juristic person established for the purpose of education on driving motor vehicles and vicarious performance of test on driving skills of motor vehicles in South and North Korea, and Defendant A has overall control over the above company’s business as a person operating the above company.

1. Defendant A

A. On November 30, 2013, the Defendant embezzled the amount equivalent to KRW 429,630 of the employee’s contribution, out of the pension premium deducted from the source of the employee’s wage at the above company’s office, for the said employee, using at will the same time as the above company’s operating fund around December 10, 2013 from that time until November 10, 2016, and embezzled the total amount of KRW 23,710,065 of the employee’s contribution, out of the total amount of the premium deducted from the source’s wage, as indicated in attached Table 1, from that time, from that time to November 10, 2016.

B. On December 20, 2013, the Defendant violated the National Pension Act: (a) received a notice of integration from the National Health Insurance Corporation’s office to urge the payment of pension premiums (including arrears) that the Defendant did not pay from the National Health Insurance Corporation; (b) on January 10, 2014, the Defendant did not pay it until January 10, 2014, which was the payment deadline; and (c) even after receipt of the notice of integration from the time to November 21, 2016, the Defendant did not pay it within each payment deadline without justifiable grounds, as stated in the attached list of crimes, and did not pay it by each payment deadline.

2. The defendant limited partnership company B is as described in paragraph 1-B. The defendant limited partnership company, who is its employee, with respect to the defendant's business.

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