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(영문) 의정부지방법원 고양지원 2018.05.17 2018고정239
국민연금법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

1. Defendant A is a person who operates Eriart in Cheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Inc., Ltd. and its branch office, Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

No insured person of a workplace shall pay pension premiums without justifiable grounds by the payment deadline pursuant to Article 95 (2) of the National Pension Act.

However, from August 2015 to May 2017, the Defendant issued a demand notice to pay the national pension premium of KRW 5,238,130 to the employees of the company B during the period from around August 2015, to August 10, 2017, and to pay the above pension premium of KRW 1,131,840 to the employees of E during the period from November 2015 to February 10, 2016, the Defendant issued a demand notice to pay the above pension premium of KRW 6,369,970 to the above payment period without justifiable grounds. However, the Defendant issued a demand notice to pay the pension premium of KRW 1,131,840 to the employees of E during the period from around February 2015.

2. Defendant B, who neglected to exercise due care and supervision, committed the same offense as that of Defendant B in relation to Defendant’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (suspect's F telephone investigation) and investigation report (in cases of attaching a certificate, etc. of all registered matters);

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

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 128(2)2 and Article 95(2) of the National Pension Act; selection of fines

B. Defendant B: Articles 130, 128(2)2, and 95(2) of each of the National Pension Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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