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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of the "C company" located in Gangseo-gu Busan Metropolitan City from around 1994 to October 201, 201, who is engaged in the business of paying the insurance premium after deducting the national pension contribution from the worker's salary.
On January 201, the Defendant, in the above C Company, deducted KRW 90,00 from the national pension premium as employee’s contribution, and paid it as the national pension premium, and then arbitrarily used the above money for personal purposes around that time while in the course of performing duties for the victim. From January 201 to October 2011, the Defendant, as indicated in the attached list of crimes, deducted the sum of KRW 10,236,880 from the amount of the above C Company’s wage as employee’s contribution to the national pension premium, and embezzled it by arbitrarily using the above money for personal purposes while performing duties for the said victims.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to a written confirmation of subscription details for pension calculation, investigation report (report attached to a detailed statement of benefits), investigation report (verification of unpaid amount of national pension premiums);
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) (including each victim) of the Criminal Act and the choice of each fine for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) 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;