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인천지방법원 2015.07.20 2015고단2580

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 is the representative of C Co., Ltd. in Gyeyang-gu Incheon, and is the employer of workplace subscribers.

around February 2, 2012, the Defendant received a demand notice from the Incheon Gyeyang Branch of the National Health Insurance Corporation to pay the above C’s pension contributions, but did not pay the pension contributions within the payment period without justifiable grounds, and did not pay KRW 47,053,190 in total for 31-month pension contributions as stated in the attached crime list from around that time to August 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to inquire about the accusation, comprehensive inquiries about arrears in the region and workplace, inquiry about the history of sending a demand notice, and details of notification by workplace subscriber;

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

1. Selection of alternative imprisonment with labor (the total amount of national pension contributions that have not been paid shall be considered);

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do140, Jan. 2, 200