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(영문) 인천지방법원 2015.07.23 2015고단1724

국민연금법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant, from June 2, 2011 to June 2, 201, was the representative of the Incheon Gyeyang-gu Incheon Gyeyang-gu Dispute Resolution Co., Ltd., and employed 29 workers D and the national pension subscribers.

When an employer who is a workplace-based insured person receives an insurance premium from the National Health Insurance Corporation and demands the payment thereof, he/she shall pay the pension premium by payment deadline

Nevertheless, even though the Defendant received demand notice from the National Health Insurance Corporation to September 2014 to pay pension premiums on a total of 28 occasions from around June 2012 to around September 2014, the Defendant did not pay total of 54,917,270 won by the payment deadline without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Comprehensive inquiry into regional or workplace arrears;

1. Inquiries about the history of sending a written demand notice;

1. Application of the Acts and subordinate statutes governing the collection of workplace pension premiums;

1. Article 128 (2) 2 and Article 95 (2) of the National Pension Act applicable to the facts constituting the crime;

1. Selection of alternative imprisonment with prison labor (in consideration of the fact that the total sum of the unpaid national pension reporting charges is great);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first offender, the fact that the offender is dead, the fact that he/she is dead, the fact that he/she commits a crime, and the fact that he/she is endeavoring to pay it due