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.

Punishment of the crime

The defendant is the representative director of D Co., Ltd. located in Namyang-si, and is obligated to pay pension premiums to the National Health Insurance Corporation each month, summing up the worker contributions collected at monthly source from wages in accordance with the National Pension Act and the employer contributions.

Although the Defendant received a demand notice from the National Health Insurance Corporation, to pay KRW 2,491,90,00 for pension premium corresponding to the portion of March 20, 2012 at the company around March 20, 2012, by May 10, 2012, the Defendant did not pay the pension premium of KRW 83,63,040 in total over 60 times from the date of April 10, 2017, including the failure to pay the pension premium by the payment deadline, as shown in the attached list of crimes, even though he/she received a demand notice from the company around March 20, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute described in the accusation, list of crimes, details of arrears of insurance premiums for each place of business, and record of issuing notices of integrated place of business;

1. Article 128(2)2 of the relevant Act and Articles 95(2)2 and 95(2) of the former Pension Act (amended by Act No. 13100, Jan. 28, 2015); Article 128(2)2 of the National Pension Act (amended by Act No. 13100, Jul. 29, 2015); Article 95(2) of the National Pension Act (amended by Act No. 1282, Jan. 28, 2015); Articles 128(2)2 and 95(2) of the National Pension Act for each of the following reasons:

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

1. The amount of pension premium that the Defendant did not pay for the reason of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the following reasons for sentencing) is extremely high.

However, the sentence of imprisonment shall be imposed in consideration of the facts that the defendant led to the crime, that there was no criminal record of the suspension of execution or more, and that there are circumstances to consider the reasons for the failure to pay (Evidence Record 108 pages), but the execution thereof shall be postponed.