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(영문) 서울북부지방법원 2014.06.13 2013고정2818
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From June 2007 to December 31, 2010, the Defendant engaged in the business of managing workers’ wages, national pension, etc. under the trade name “D” located in Gangnam-gu Seoul Metropolitan Government and in the name of “F” from January 1, 201 to January 1, 2013 in the same place as “F”.

On October 11, 2008, the Defendant withheld 172,400 won of the national pension premium from September 2008 of G workers G who are victims at the above D office, and embezzled the amount equivalent to the same amount as the company operating expenses at around that time.

In addition, the Defendant embezzled the amount equivalent to KRW 7,480,280 of the victim G’s national pension premium and the amount equivalent to KRW 2,827,440 of the victim H’s national pension premium in the same way from the aforementioned date to October 1, 2012, as stated in the list of crimes committed in the attached list of crimes.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning G and H;

1. Application of Acts and subordinate statutes written confirmation of subscription details for pension calculation;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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