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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as the representative of C, submitted a written petition to the Defendant to pay the unpaid monthly pay and retirement pay to D from May 2009 to October 7, 2015, which had been employed by C from around October 2015, to the Labor Administration around October 2015, and had the Defendant issued a written confirmation of overdue wages of KRW 10,40,000 to the Labor Administration, and had D receive a false accusation as embezzlement, and had D receive exemption from the payment of the said payable amount.
On February 16, 2016, the Defendant arbitrarily received KRW 2.8 million from around 17:00 to June 2015, the Defendant received monthly salary of KRW 3,000,000 from the head of the Dong-gu, U.S. and then embezzled the above C’s funds by arbitrarily taking advantage of registered mail to the Seoul Western District Public Prosecutor’s Office located in 174 as Mapo-gu, Seoul, Mapo-gu, Seoul. (hereinafter “Seoul Mapo-gu”). The Defendant: (a) had the Defendant take charge of the above C’s accounting work while receiving monthly salary of KRW 3,00,000 from C operated by the Defendant; and (b) had the Defendant received KRW 2.8 million from around 2012 to around 20,000 from June 2015.
“A complaint was filed to the effect that the complaint was filed.”
However, by July 2014, D had worked for 6 days a week including Saturdays, and had not agreed to reduce the monthly wage to 2.8 million won with the Defendant, and therefore D received a lawful monthly wage.
Accordingly, the defendant had D without the purpose of having D receive criminal punishment.
Summary of Evidence
1. Statement made by the witness D in the third public trial records;
1. A protocol concerning the examination of suspects of D by the prosecution;
1. Some of the statements made by the prosecution against the defendant;
1. A telephone investigation report (in case of complaint A telephone investigation), some statements are made;
1. The Defendant asserts that there is no false complaint since he/she agreed to reduce the monthly pay of D and monthly pay 200,000 won.
However, D 5 days a week in the operation of Defendant C.