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(영문) 대구지방법원 서부지원 2017.06.08 2017고단238

국민연금법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who operates a building material producer with a mutual name “D” in the name of Dong C in Daegu Seogu-gu.

When an employer who is a member of a national pension business place is urged by the Health Insurance Corporation to pay pension premiums, he/she shall pay pension premiums by the payment deadline.

The Defendant sent a demand note to the effect that, on September 24, 2016, the National Health Insurance Corporation did not pay KRW 28,132,430 of the pension premium for workers employed in the aforementioned D from January 201 to September 2016, and that, on September 24, 2016, the Defendant paid KRW 28,132,430 of the pension premium in arrears by October 10, 2016.

Although the Defendant received the above demand notice on September 27, 2016, the Defendant did not pay KRW 28,132,430, which was October 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. The filing of an accusation, details of arrears of insurance premiums, demands for payment, confirmation of demand for payment, business registration certificate, and application of statutes on investigation reports;

1. Article 128 of the relevant Act and Articles 128 (2) 2 and 95 (2) of the National Pension Act for the Selection of Punishment for Criminal Crimes (Selection of Imprisonment);

1. The amount of pension premium that is not paid by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is reasonable, but there are circumstances to consider the circumstance in which the defendant did not pay and his depth is divided, the same type as the order shall be determined.