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(영문) 대구지방법원 김천지원 2015.12.03 2015고단1050
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the representative director of the (State)C established for the purpose of information and communications business in Kimcheon-si, the Defendant is a person engaged in the business of deducting the contributory portion from the wages of the employees of the said company, among national pension contributions, health insurance premiums, and employment insurance premiums, and paying the premiums.

1. Around November 2012, the Defendant: (a) obtained the victim’s benefits, who is a worker, from the above state office, from deducting KRW 90,00 as a worker’s contribution, from the national pension premium; and (b) was kept in custody for the victim for the purpose of paying the national pension premium; (c) around that time, he/she arbitrarily used it as a company’s operating fund; and (d) used it as a victim’s name, E, E,F, G, H, I, K,K, L, and M from November 2012 to April 2015, the Defendant arbitrarily used KRW 13,625,585 in total in the name of the national pension premium, health insurance premium, employment insurance premium, etc. from November 2012 to April 2015.

Accordingly, the defendant embezzleds the victims' property in breach of their occupational duties.

2. Although the Defendant violated the National Pension Act from February 20, 2013 to April 20, 2015, received a notice of demand to pay national health insurance premiums from the aforementioned company’s office from the Kimcheon Branch of the National Health Insurance Corporation to the payment of the said company’s employees’ health insurance premiums, and a notice of demand for the accusation of overdue places of business without justifiable grounds, it is evident that “the total amount of national pension premiums of KRW 46,200,350,350” is a clerical error, as shown in the separate sheet of crime (2) within the payment deadline, from November 2012 to April 2015, 2015.

did not pay the same.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the N;

1. The details of arrears of insurance premiums for each workplace, each workplace, the notice of arrears of insurance premiums for each workplace, personal history for issuing integrated workplace, certificate of total registered matters, current status of the arrears of four major insurance, details of assessment by workplace insured, details of arrears of national pension, and respective details

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