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The crime of No. 1, 2, 3, 4-B, and 5-2 of the judgment of the defendant shall be punished by imprisonment with prison labor for 4 months, and the crime of No. 4 of the judgment.
Reasons
Punishment of the crime
[criminal power] On February 22, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act, etc. in the Changwon District Court’s territorial branch on the grounds of a violation of the Labor Standards Act, and the judgment was finalized on July 26, 2018.
【Criminal Facts】
The defendant, "2019 High-class 12," is the representative director of the C Co., Ltd. in the city B, who is engaged in overall management of the management and fund of the above C Co.
1. Around March 2016, the Defendant, at the office of the above company, embezzled the total pension premium of KRW 9,383,970 for the 111 victim by arbitrarily consuming KRW 9,383,970 for the total amount of the national pension premium for the 11 victim by means of the following method from around February 2017, as shown in the list of crimes (1) in the following manner, while he/she was performing his/her duties after deducting KRW 135,130 from the national pension premium of the victim D, who is an employee, for the victim.
2. Around March 2016, the Defendant embezzled the total amount of 7,124,490 health insurance premiums for the victim, as shown in the separate sheet of crime (2) in the following manner, from around February 2017, when he/she arbitrarily consumed it as company operating expenses for the victim after deducting KRW 93,170, and long-term care insurance premium 6,100 from the wage of the victim D, who is an employee, from the wage of the above company office, for the victim.
3. On March 2016, the Defendant’s occupational embezzlement on the employment insurance premium: (a) around 2016, after deducting KRW 20,560 from the wage of the victim D who is a worker at the above company’s office, the Defendant arbitrarily consumed the insurance premium from the company’s operating expenses at around that time; and (b) from that time until February 2017, the sum of the insurance premium for 11 victims, as described in the separate sheet of crimes (3) in the above method, shall be arbitrarily paid KRW 1,259,080.