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(영문) 서울동부지방법원 2014.10.16 2014고단1392
국민연금법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a user who employs nine persons, such as E (ma, 50 years of age, etc.), as the representative director of the corporation C (business registration number) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and conducts landscape planting cultivation business, etc., and the national pension subscribers.

An employer who is a workplace-based insured person of the National Pension Service shall, upon receipt of a demand from the Health Insurance Corporation to pay pension contributions, pay the pension

Nevertheless, the Defendant, from July 2012 to January 2014, deducted 11,88,190 won as pension premiums from nine wages, such as E, an employee of the aforementioned Ri management team, and received a demand notice from the Health Insurance Corporation to February 20, 2014 to pay pension premiums on a total of 22 occasions from September 20, 2012, but did not pay 23,776,380 won including employer contributions by the payment deadline without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. To apply Acts and subordinate statutes to the details of arrears by worker, inquiry about the history of sending a written demand notice, pension premium payment confirmation, and copy of demand receipt;

1. Relevant Articles 128 (2) 2 and 95 (2) of the National Pension Act concerning the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the fact that the defendant is led to a confession and reflect on the reason of sentencing under Article 334 of the Criminal Procedure Act, the fact that the unpaid pension contributions have been paid after the institution of the prosecution, and the age, character, conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, circumstances after the crime, etc.

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