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(영문) 울산지방법원 2015.05.15 2014고단3586
업무상횡령
Text

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

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

Reasons

Punishment of the crime

On February 18, 2011, the Defendant was sentenced to a three-year suspended sentence by the Ulsan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment became final and conclusive on January 20, 2012.

When the Defendant is in office as C representative director with the 10th floor of Ulsan-gu B building, the Defendant withheld the amount of money borne by the relevant employee out of each insurance premium of national pension, health care insurance, and employment insurance from the wages of the employees of the above company every month, and paid the relevant employee’s share withheld from the employer’s share until the 10th day of the following month to the National Health Insurance Corporation.

1. Around August 2009, the Defendant: (a) withheld 43,240 won of the amount of the national pension insurance premium withheld from August 2009 paid by the victim D, who is an employee, in the office of the above company; (b) was currently in the custody of the victim for the victim; (c) around that time, the Defendant embezzled 5,365,560 won of the total amount of the national pension premium withheld from three victims, who are employees of the above company, to October 2012, as indicated in attached Table I (National Pension Insurance) in the list of crimes committed in that time.

2. Around August 2009, the Defendant embezzled 2,204,215 won from the sum of the health care insurance premiums withheld from the victim’s four employees’ health care insurance premiums, 45,350 won, and 2,165 won from the victim’s wage for August 2009, among the health care insurance premiums of the victim E, a worker at the above company office, and 2,165 won from the victim’s occupational custody for the victim. Around that time, the Defendant embezzled 2,204,215 won from the victim’s health care insurance premiums withheld from the victim’s four employees until October 2012.

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