A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant is a representative of the 3rd floor D of the building in the Nam-gu Incheon Metropolitan City, and is an employer of workers who work in the above workplace, workers' benefits and national pension contributions, and payment of insurance premiums.

1. No employer of a violation of the National Pension Act shall pay contributions within the payment period without any justifiable reason;

Nevertheless, in D, the above workplace from June 2004 to October 2014, the Defendant was notified of the payment of the national pension premium by the National Health Insurance Corporation, and the Defendant did not pay the national pension premium of KRW 146,630,430 (101 months) without justifiable grounds even though he received demand for payment over 124 times.

2. Around January 2009, the Defendant, at the above architect office, embezzled the amount of 38,402,306 won in the name of the employee’s national pension contributions, as shown in the attached list of crimes from January 2009 to December 2012, 2009, after deducting 132,30 won as the employee’s contributions from the national pension insurance premium, and then paying it as the national pension premium for E. The Defendant was kept in business. Around that time, the Defendant was arbitrarily used in the Incheon Japan’s personal debt repayment, living expenses, etc. from January 2009 to December 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the current status of the workplace in arrears, inquiry into the history of sending a written demand notice, inquiry into details of each place of business notified, application of benefits/paid ledger, and statutes certifying national pension subscribers;

1. Relevant legal provisions concerning facts constituting an offense, Articles 128 (2) 2 and 95 (2) of the National Pension Act (limited to the unpaid pension contributions, and including the unpaid pension contributions), Articles 356 and 355 (1) of the Criminal Act (limited to the occupation of occupational embezzlement and the inclusive) of the National Pension Act, and the choice of each imprisonment penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the decision of type] embezzlement and breach of trust is 100 million won.