국민연금법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who actually operates the limited company C in Gunsan-si B.
An employer who has subscribed to the National Pension Scheme in a workplace shall pay the National Pension Scheme by aggregating the insurance premiums borne by the workers and the insurance premiums borne by the employers, which are deducted from the benefits of the workers, and when the National Pension Service demands the payment due to the failure to pay such premiums,
Nevertheless, the Defendant did not pay the national pension premium by the payment deadline without justifiable grounds even though he/she received demand from the National Health Insurance Corporation around November 22, 2017 to the effect that “the payment of insurance premium by November 28, 2017” was made to the employees employed by the limited company C from around November 201, 2010 to October 2017, the Defendant did not pay the national pension premium by the payment deadline without justifiable grounds.
Summary of Evidence
1. The defendant's partial statement in court (the fact that the national pension premium in the same amount as criminal facts is not paid is recognized);
1. Statement made by the police against D;
1. A demand notice for the payment of pension premiums (on November 28, 2017), details of arrears in the national pension premiums, investigation report (related to contact with the suspect A) [where an employer has made best efforts to pay national pension premiums, but it is deemed that the above insurance premiums were unable to be paid due to financial circumstances due to business depression, etc., he/she cannot be held liable for the crime of delinquency in the payment of pension premiums (see Supreme Court Decision 2004Do2485, Jun. 25, 2004). However, the following circumstances revealed by each evidence revealed by the above evidence, i.e., the Defendant continuously failed to pay the national pension premiums for the period from December 10, 2010 to November 10, 2017, except on May and June, 2012.