A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the actual operator of D or E in Kimhae-si, who is engaged in the affairs such as the payment of workers' benefits, national pension contributions, and the payment of insurance premiums.

1. Violation of the National Pension Act;

A. A. Around April 20, 2016, the Defendant committed the instant crime: (a) around April 20, 2016, the Defendant did not pay the National Health Insurance Corporation totaling KRW 3,897,650, including KRW 46,800, and KRW 93,600, such as the employer’s pension premiums, from around April 2016 to September 2016, as well as KRW 46,80, and the employer’s pension premiums, etc., collected from the employees F who subscribed to the National Pension Scheme at the aforementioned D’s workplace.

Accordingly, on October 21, 2016, the National Health Insurance Corporation issued a demand notice to pay pension premiums to pay total of KRW 3,897,650,00,000, such as pension premiums in arrears, until November 10, 2016, but the Defendant did not pay the above amount without justifiable grounds even after receiving it.

B. The Defendant, around February 20, 2016, did not pay KRW 61,615,310,00 in total, including KRW 72,00 in total, and KRW 144,00 in employer-paid pension premiums, including the total amount of KRW 72,00,00 in employer-paid pension premiums, from around April 201 to September 2016, for employees in the above E’s pension premiums, etc.

Accordingly, on October 21, 2016, the National Health Insurance Corporation issued a demand notice to pay pension premiums to pay total of KRW 61,615,310,00, such as pension premiums in arrears until November 10, 2016, but the Defendant did not pay the above amount without justifiable grounds even after receiving it.

2. Occupational embezzlement;

A. On April 20, 2016, the Defendant committed D-related crimes: (a) from around April 20, 2016 to October 2016, the Victim F, the Victim F, who was a worker in D, deducted KRW 46,80 from the national pension insurance premium as a worker’s contribution; and (b) paid it as a national pension premium for the Victim F; (c) was kept in custody for business purposes; and (d) was arbitrarily used as a company’s operating fund, etc. around that time.