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(영문) 대구지방법원 2016.02.04 2015고단6227

국민연금법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

1. The Defendant is a D’s proprietor, who was closed down pursuant to subparagraph 306 of C University Digital Promotion Institute, located in Daegu-gu, Nam-gu, and is obligated to pay the monthly insurance premium equivalent to 4.5% of the contributions deducted from the source of wages of employees insured by the National Pension Service, and 9% of the contributions borne by the employer, to the National Health Insurance Corporation.

Nevertheless, even though the Defendant received a demand notice from the president of the National Health Insurance Corporation, who paid KRW 7,745,170 to his/her employees from January 21, 2015, to September 2010, the Defendant did not pay pension premium without justifiable grounds until December 10, 2015, even though he/she received a demand notice from the president of the National Health Insurance Corporation to pay KRW 7,745,170 to his/her employees.

2. The Defendant, as the representative director of the Co., Ltd. E, located in Daegu Nam-gu Digital Promotion Agency No. 306, shall pay the monthly insurance premium to the National Health Insurance Corporation by combining 4.5% of the contributions deducted from the source, and 4.5% of the contributions to be borne by the employer, which is the insured worker of the National Pension Service.

Nevertheless, the Defendant received a demand notice from the president of the National Health Insurance Corporation to October 2015, 2015, under the name of the president of the National Health Insurance Corporation, that within KRW 32,066,260 of pension premium from September 2012 to October 2015 for employees of the said company, but did not pay pension premium without justifiable grounds until December 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written accusation;

1. Comprehensive inquiries about the region or workplace delinquency;

1. Details of arrears of insurance premiums for each demand notice and each place of business;

1. Application of registers, Acts and subordinate statutes for business registration;

1. Relevant Article of the Act and Articles 128 subparag. 2 and 95 subparag. 2 of the National Pension Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the total amount of pension insurance premiums in arrears in the instant case is 3,98 million won; (b) the Defendant recognized the error; and (c) the Defendant’s business.