Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
"2018 Highest 3194"
1. The Defendant is the representative director of V in the Ulsan-gu TT, who is in the U.S., and operates the steel building business by making use of 52 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
The Defendant, in the foregoing workplace from May 1, 2015 to February 28, 2018, did not pay KRW 12,760,274 of WW retirement pay to retired workers, and did not pay KRW 2,3,5 through 13, 16, 21, 22, 25, 26, 28 through 35, 37, 38, 39, 41, 44, 45, and 49, as stated in the attached Table 1-2, 3, 5 through 13, 16, 21, 25, 26, 28 through 37, 38, 39, 39, 41, 17, 101,341 within 14 days from the date of the occurrence of the relevant cause for payment without an agreement on the extension of the due date
"2019 Highest 33"
2. The defendant is the representative director of V, who is engaged in the business of withholding national pension contributions from his/her employees' pay to the National Health Insurance Corporation.
On February 2, 2016, the Defendant withheld KRW 185,085 for national pension contributions from victim X, who is an employee of the above company, and used the said money as wages, etc. of employees belonging to the above company around that time, and used KRW 32,090,005 for the company’s funds among 23 employees from February 2016 to January 2018, as shown in attached Table 2.
Accordingly, the defendant embezzled the victims' property.
Summary of Evidence
"2018 Highest 3194"
1. Defendant's legal statement;
1. Each police statement of the Y, Z, D, and W;
1. Each statement of AA, AB, AC, I, and Y;
1. A complaint and a petition;
1. The details of benefits received;