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(영문) 서울남부지방법원 2018.04.13 2017고단5942

국민연금법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of a 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 a business operator under the National Pension Act who operates a C dental shop which makes dental products in Gangseo-gu Seoul Metropolitan Government.

The defendant did not pay the national pension premium for the total of 60 months from October 2012 to September 2017 due to the operation of the above public action.

Accordingly, on October 31, 2017, the Defendant sent a notice of pension premium urging to pay the sum of KRW 42,194,560 for the above-term insurance premiums and arrears in arrears from the president of the Health Insurance Corporation until November 10, 2017, but did not pay it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to send additional data related to criminal complaints against employers of workplaces delinquent in national pension premiums;

1. Article 128 of the relevant Act and Articles 128 (2) 2 and 95 (2) of the National Pension Act, the selection of punishment for an offense, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, as an employer, does not pay a long-term national pension premium, and thus, the delinquent insurance premium and arrears exceed KRW 42 million.

However, the defendant is not subject to criminal punishment exceeding a fine.

It seems that the failure of the defendant to pay the above insurance premium is difficult to operate the workplace.

After the conclusion of the argument of this case, the Defendant paid KRW 11 million out of the unpaid premiums.

The statutory penalty for the crime of this case is imprisonment for not more than one year or a fine not exceeding ten million won.

The punishment shall be determined as per the order in consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act, focusing on the above.