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The punishment of the accused shall be four months by imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is the head of the “C kindergarten” located in the Northern-gu B from March 2011 to February 2019, who has overall control over the management, etc. of the funds of the said kindergarten.
1. The individual contributions to private school personnel in the point of occupational embezzlement of the private school pension shall be paid by the head of the relevant school institution within three days from the payment date of remuneration after deducting the individual contributions from the monthly remuneration of the school personnel;
Around September 2013, the Defendant withheld at source 267,870 won in the remuneration of the victim D, E, and F, who is a faculty member of the said kindergarten, and was in the custody of the victims for their personal purposes. Around that time, the Defendant arbitrarily used the amount of KRW 14,689,780 in total over 20 times from that time to September 2018 in the same manner as indicated in the attached list of crimes (1).
Accordingly, the defendant embezzleds the property of the victims who had been in custody in the course of business.
2. An employer shall deduct the health insurance premiums to be borne by the employee insured out of the monthly remuneration premiums and long-term care insurance premiums from the remuneration of the insured each month, and pay them to the National Health Insurance Corporation by the 10th of the following month.
around May 2018, the Defendant withheld at source KRW 337,430 under the name of health insurance premiums from G, H, I, J, K, L, and M’s remuneration, who is an employment provided policyholder at the above kindergarten, and at least KRW 24,870 under the name of health insurance premiums, and at least KRW 24,870 under the name of long-term care insurance premiums, and used it for the personal purpose of the Defendant, such as settling it in a restaurant around that time, and from around that time until November 2018, the Defendant used it for the personal purpose of the Defendant, such as paying it in a restaurant around that time.