A defendant shall be punished by imprisonment for one year.

Each request for compensation order of this case shall be dismissed.

Punishment of the crime

1. The defendant is the representative of a ship design or a building-building company in Yong-Namnam Cancer, who is engaged in the business of paying wages to workers, collecting contributions from the National Pension Fund, paying insurance premiums, etc.;

From August 2016 to February 2018, the Defendant: (a) deducted the total sum of the national pension premium from KRW 32,832,690 from the 13 benefits, such as the victim I, who is an employee of the above company, for 19 months from around August 2016 to February 2018; and (b) used it as a company’s operating fund at will around that time.

2. The Defendant violated the National Pension Act, even though he/she received a notice to urge employees I and 76 employees to pay the total amount of the national pension premium of KRW 295,207,940 from August 2016 to March 2018, the Defendant did not pay the said premium within the payment period without justifiable grounds.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of I and Q;

1. Each statement, each national pension contribution payment certificate, and each benefit statement;

1. A written accusation, a detailed statement of the arrears of insurance premiums, and a details of notice by insured person of the National Pension Service (from August 2016 to March 3, 2018).

1. Application of the Acts and subordinate statutes to the investigation report (for embezzlement, the amount thereof);

1. Relevant Article 356, Article 355 (1) of the Criminal Act (the point of occupational embezzlement), Articles 128 (2) 2, and 95 (2) of the National Pension Act (the point of violation of the National Pension Act), the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Occupational Embezzlements) (Occupational Embezzlements). Embezzlements and Misappropriations [Type 1] below KRW 100 million (Special Convicts] - mitigated elements: solely for the benefit of the company;