The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. Legal reasoning is that the failure of the Defendant to pay pension premiums by misapprehending the legal doctrine is due to the fact that a stock company operated by the Defendant was in a situation of bankruptcy and is economically difficult to pay pension premiums. This constitutes “justifiable cause” as prescribed by the National Pension Act.

Nevertheless, the defendant did not pay the pension premium without any justifiable reason.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the above legitimate grounds, which affected the judgment.

B. The sentence sentenced by the lower court (one year of suspended sentence for four months) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The summary of the facts charged in the instant case is the representative director of the C Co., Ltd. (hereinafter “D”) located in Namyang-si, and the Defendant is obligated to pay pension premiums to the National Health Insurance Corporation each month, including the employee contributions collected at monthly source from the wages of workers under the National Pension Act and the employer contributions.

Although the Defendant received a demand notice from the National Health Insurance Corporation, to pay KRW 2,491,90,00 for pension premium corresponding to the portion of March 20, 2012 at the company around March 20, 2012, by May 10, 2012, the Defendant did not pay the pension premium of KRW 83,63,040 in total over 60 times from the date of April 10, 2017, including the failure to pay the pension premium by the payment deadline, as shown in the attached list of crimes, even though he/she received a demand notice from the company around March 20, 2012.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

(1) The justifiable grounds referred to in Article 128 (2) 2 of the National Pension Act are as follows: (a) the payment of pension premium cannot be made with the mind of the person without mind, such as a natural disaster, damage from war, or other disaster, or theft; or (b) the payment of pension premium.