The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the operator of the D Art Institute in Songpa-gu Seoul Metropolitan Government, who is engaged in affairs such as the payment of workers' wages and national pension premiums.

On April 2013, the Defendant, at the foregoing Art Research Institute, embezzled KRW 2,945,250 by arbitrarily using the total amount of money in the name of employee E, F, G, and H’s national pension premium contributions, as shown in the separate crime list, from April 2013 to February 2014, when he/she was working for the said Institute after deducting KRW 74,250 as an employee’s contribution from the national pension premium out of the national pension premium, and paying the national pension premium for the said E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The petition (the second page of investigation records);

1. Unpaid pension contributions;

1. Application of Acts and subordinate statutes to a report on investigation (referring to persons subject to the payment of national pension premiums and the method thereof, and 63 pages of investigation records);

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59 (1) of the Criminal Act ( comprehensively considering all the circumstances, such as the fact that the defendant is the initial offender, the fact that the victims do not want to be punished, and the circumstances leading to the commission of the crime);