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(영문) 대구지방법원 김천지원 2015.03.25 2014고단1489
업무상횡령등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 1,00,000 won for Defendant B.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A

A. From October 2006 to September 2012, the Defendant is a person who has overall control over the business of workers’ wages, national pension contributions deduction, insurance premium payment, etc. while operating a corporation, a mobile phone case assembly company located in the Gu and America from around October 2006 to around September 201.

Around November 2008, the Defendant, at the above company’s expense, embezzled KRW 40,50 as employee’s contributions from the victim D, after deducting KRW 40,50 from the national pension premium, as employee’s contribution, for the purpose of paying it as the national pension insurance premium, using the said victim’s occupational custody for the purpose of paying it as employee’s insurance premium. The Defendant embezzled KRW 7,745,050 from November 2008 to December 201, 201, which was kept for the victims, as shown in the list of crimes committed in the attached Table, for the purpose of using the said victim’s insurance premium.

B. On January 22, 2013, the Defendant in violation of the National Pension Act received a demand notice to pay KRW 36,718,130 to February 10, 2013 from the old U.S. branch office of the National Health Insurance Corporation from Jan. 2, 2007 to Oct. 10, 2012, the Defendant did not pay the above employee’s insurance premium within the payment period without justifiable grounds.

2. Defendant B Co., Ltd. 1-B

A, the representative of the defendant, at the time and place specified in the paragraph, shall be subject to Paragraph 1(b).

The same violation as the paragraph was committed.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Details of monthly arrears of insurance premiums by place of accusation and each place of business, details of sending a reminder and notice, and unpaid details;

1. To submit investigation reports and additional data to the National Health Insurance Corporation;

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