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(영문) 창원지방법원 2016.07.14 2016고단877

국민연금법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

If a person operates a workplace, he/she shall collect the health (medical care), national pension, and employment insurance premiums from the monthly salary and pay the aggregate of the employee contributions and the employer contributions to the national agency.

Nevertheless, even though the Defendant was urged from the National Health Insurance Corporation to pay insurance premiums by October 30, 2015, due to his/her employees’ health (medical care), national pension, and employment insurance premiums, while operating the E Hospital located in Daegu-gu from February 2012 to November 2012, the Defendant failed to pay the amount of KRW 65,732,390, as shown in the attached list of crimes committed in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 128 of the relevant Act and Articles 128(2)2 and 95(2) of the National Pension Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The fact that the insurance premiums in arrears with the reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are large amounts and the period of delinquency is long-term shall be fixed at a disadvantage to the defendant: Provided, That the hospital in which the defendant was operated appears to have failed to pay the amount in arrears because it was in business difficulties and was unable to receive wages even at the sealed hospital, and considering the favorable circumstances, such as the fact that the National Health Insurance Corporation withdraws accusation by making and submitting a payment plan for partial payment of the insurance premiums in this court, taking into account the fact that the hospital was unable to pay the amount in arrears, and taking into account the favorable circumstances, such as the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime