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(영문) 수원지방법원 성남지원 2019.05.08 2018고단1299
국민연금법위반
Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 1 million.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A received a demand notice from the Sung-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City, and the person who actually operates Defendant B, and from the Sung-do Vice Governor of the National Health Insurance Corporation on April 2018, to pay the national pension contributions to the employees of the said company by April 30, 2018, Defendant A did not pay KRW 80,110,920 in total within the payment period from June 2012 to March 2018 without justifiable grounds.

2. Defendant B, at the same time and place as paragraph (1), did not pay the national pension premium without any justifiable reason by the payment deadline, as paragraph (1), to the Defendant, who was a substantial operator with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation by the vice-president of the National Health Insurance Corporation;

1. Application of the benefit ledger and audit report statutes;

1. Article 128(2)2 of the former National Pension Act (Amended by Act No. 13100, Jan. 28, 2015); Article 128(2)2 of the former National Pension Act (Amended by Act No. 13100, Jan. 28, 2015); Article 128(2)2 of the National Pension Act; Article 95(2) of the former National Pension Act (Amended by Act No. 128(2)2 of the Act (Amended by Act No. 13100, Jun. 28, 2015); Article 130, Article 128(2)2 of the former National Pension Act; Article 95(2) of the former National Pension Act (Amended by Act No. 13100, Jan. 28, 2015); Article 130(2)2 of the National Pension Act; Article 95(2)2 of the former National Pension Act (Amended by Act No. 13302, Jun. 20, 2015, 201)

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

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of each of the order of provisional payment is large amount, and the fact that the period of default is a long-term period is disadvantageous to the Defendants.

(b).

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