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A defendant shall be punished by imprisonment for six months.
except that 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
When the Defendant is in office as C representative director of the company C, the Defendant withheld the amount to be borne by the relevant employee out of each insurance premium of national pension, health care insurance, and employment insurance from the monthly wage of the employees of the above company, and paid the relevant employee's share withheld from October of the following month to the National Health Insurance Corporation.
1. From July 2015 to June 2017, the Defendant embezzled KRW 2,282,830, out of the employee’s national pension insurance premium of the victim D, who is an employee of the foregoing company, from the victim’s office, through withholding from the victim’s D’s benefits, and was in the course of business for the victim D, the Defendant embezzled KRW 11,747,340 by arbitrarily using the total amount of the national pension premium withheld from the victim’s total 22 employees from July 2015 to May 2018, including voluntary use of the company’s operating expenses, etc. around that time.
2. From December 2015 to June 2017, the Defendant embezzled KRW 1,709,390, out of the Victim D’s Health Care Insurance Premium’s health care insurance premium collected from the victim D’s paid benefits, and was in the course of performing his/her duties for the victim D, the Defendant embezzled KRW 12,789,890 from the victim’s total 22 health care insurance premium withheld from the victim’s total sum of 22 health care insurance premium withheld from the victim’s payment to May 2018, as shown in attached Table 2 (Health).
3. From May 2015 to June 2017, the Defendant: (a) withheld KRW 417,758 from the victim’s insurance premium for employment and unemployment insurance of the victim who is an employee at the above company’s office from the victim’s benefits; and (b) was in the course of business for the victim’s D; and (c) voluntarily kept the company operating expenses, etc. around that time.