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(영문) 전주지방법원 군산지원 2018.06.01 2018고단212

국민연금법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a representative who operates the “C” in Gunsan-si B.

Where an employer of a person who has joined a national pension business place receives a demand from the National Health Insurance Corporation to pay pension insurance premiums and other dues by the deadline for payment, he/she shall not pay pension premiums without justifiable grounds within the deadline for payment.

Nevertheless, even though the Defendant was notified of the payment of the total amount of KRW 62,171,430, such as pension premium, etc. to workers working at the above workplace from April 22, 2012 to September 2017 at the above workplace, the Defendant failed to pay it without justifiable grounds, even though he was notified of the payment by November 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to insurance premiums, written notice, written accusation, business registration certificate;

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 Penalty Surcharge)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the insurance premium in arrears with the reason for sentencing is a large amount and the period of default is a long-term sentencing element for the defendant. However, the fact that the business operated by the defendant is deemed to have been unable to pay the amount in arrears due to his business difficulties. The fact that the business has been punished twice by a fine for this type of crime, and all the factors of sentencing, such as the character and conduct of the defendant, the motive of the crime, and the circumstances after the crime, etc., shall be considered and determined as ordered.