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(영문) 대구지방법원 서부지원 2018.06.19 2017고단1410
국민연금법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the employer who is the representative director of the D, Daegu-gu, C.

If any workplace subscriber, etc. fails to pay pension insurance premiums and other money collectable thereon by the payment deadline, the National Health Insurance Corporation shall urge the relevant workplace subscriber, etc. to pay them by a specified deadline for at least ten days, and the relevant employer shall pay them unless there exist justifiable reasons, such as natural disasters, bankruptcy, commencement of auction, etc. by such payment deadline

On October 20, 2016, the Defendant issued a demand notice to pay KRW 32,375,790 to October 31, 2016, which was imposed on the said company from the Daegu Seo-gu E and 401 (B), and from the Daegu Southern Vice Governor of the National Health Insurance Corporation, for KRW 32,375,790, which was imposed on the said company from November 201 to October 31, 2016, but did not pay it by the said 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. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation, - A complete certificate of details of default, etc.;

1. The application of Acts and subordinate statutes to a criminal investigation report (to hear statements by proxy F phone call), investigation report (to report directly confirming receipt of a suspect's demand note), investigation report (to attach details of monthly payment of insurance premiums for the D National Pension Fund of the suspect A)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had failed to pay pension premiums for three consecutive years without justifiable grounds, and the delinquent amount also reaches a considerable amount.

However, as the defendant reflects his mistake and fails to receive the payment from his customer, the company's financial situation is difficult and thus, the company failed to pay the insurance premium (the defendant was faced with such difficult situation).

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