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(영문) 청주지방법원 충주지원 2017.06.13 2017고단334
국민연금법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated C in Chungcheongnam-si.

A person who runs a place of business shall pay the National Pension Insurance Premium to the National Health Insurance Corporation, including the total amount of insurance premium (4.5% of the benefits) paid to the employees deducted from sources under the National Pension Act, and the amount of insurance premium (4.5% of the benefits) paid to the employees employed in the place of business.

Nevertheless, from October 2015 to August 2016, the Defendant did not pay the National Pension Premium to 92 persons, such as D employed by the said company, to the National Health Insurance Corporation in an amount equivalent to KRW 110,631,410 (the unpaid premium of KRW 101,49,020) (the unpaid premium of KRW 9,132,390). Around February 21, 2017, the Defendant urged the National Health Insurance Corporation to pay the premium by March 10, 2017, but did not pay the National Pension Premium to the National Health Insurance Corporation by the payment deadline without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A detailed statement of the arrears of insurance premiums;

1. Details of delinquency in national pension by worker C;

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes to report on investigation (verification of demand for the suspect);

1. Article 128 (2) 2 and Article 95 (2) of the Pension Act for the National of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. The defendant shall be punished by imprisonment with prison labor in light of the maximum amount of the insurance premium in arrears exceeding 100 million won for the reason of sentencing under Article 62(1) of the Criminal Act.

However, the suspension of execution is to be imposed in consideration of the fact that the defendant reflects the defendant's mistake in depth, and the reason for the failure to pay is due to the business depression, and the malicious elements are not found, and the defendant has been punished three times by a fine due to the violation of the Motor Vehicle Management Act or the driving of drinking, etc., and there is no criminal history above.

The age, gender, and administration of the defendant.

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