A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from around 2011 to 201, is the representative director of F, a company F, which has been in Daegu Suwon-gu E hotel, and is engaged in the duty of withholding national pension and health insurance fees from monthly wages to the National Health Insurance Corporation.

On September 2011, the Defendant, at the above company office, deducted KRW 2,94,590 from the amount of health insurance premiums paid by the employees of the above company as the employee’s contributions, deducted the amount of KRW 2,94,590 from the amount of health insurance premiums, and then embezzled the amount of KRW 1,153,523,140 from that time to August 2015, the Defendant arbitrarily used the amount of KRW 580,189,93,713,05, including the sum of health insurance premiums paid by the employees of the above company as the employee’s contributions, without paying it to the National Health Insurance Corporation, and arbitrarily used it as the funds for the operation of the company at that time.

Summary of Evidence

1. Partial statement of witness G;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. A written accusation;

1. Investigation report (verification of F financial statements, certificates, etc. of stock companies);

1. Application of Acts and subordinate statutes of one copy of monthly arrears of insurance premiums by place of business;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal 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. Article 62(1) of the Criminal Act on the Suspension of Execution (amended by Act No. 1020, Feb. 10, 2011) provides that an employer shall keep the monthly wage in custody for the employee by deducting the employee contributions to be borne by the employee from the national pension premium; the employer shall be liable to pay the said premium to the National Pension Management Corporation; the employer shall not pay the employee’s contribution deducted from the employee’s wage; and furthermore, if the employee consumes it for other purposes, he/she may not