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(영문) 인천지방법원 2017.12.08 2017고정1637
국민연금법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The representative of a place of business violating the National Pension Act shall not pay pension premiums by the payment deadline without justifiable grounds;

The defendant is the representative of the place of business that operates the clothing industry Co., Ltd. 211 in Nam-gu Incheon Metropolitan City.

Nevertheless, even though the Defendant received a demand notice from the National Health Insurance Corporation to pay national pension premiums at least 20 times from around July 22, 2014 to around February 23, 2016, the context of the facts charged that the Defendant failed to pay KRW 19,394,400, a total of 48 months from March 10, 2016 (from February 2012 to January 2016), was somewhat amended.

2. The representative of the place of business embezzlement shall, in paying wages to workers, deduct contributions for national health insurance, national pension insurance premiums, and employment insurance premiums from the amount of contributions to meet the expenses to be paid by the workers, keep them on the payment date, and pay the expenses to be paid by the representative on the payment date to each Corporation, and he/she shall be in the position of a custodian in custody for workers until he/she pays the premiums deducted from the workers to each Corporation, and shall not use them arbitrarily

Nevertheless, the Defendant, at around February 2012, embezzled the amount of 17,813,505 won in the name of the employee’s contributions from February 2012 to 81,000 won as the employee’s contributions in the national pension insurance premium from the employee E’s wage in the company-based LAD operated by himself, and then paid it as the national pension premium for E, which was kept for business purposes. At that time, from February 2012 to January 2016, the Defendant arbitrarily used the amount of 17,813,505 won as the employee’s contributions in the name of the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A list of workplaces with a large amount of social insurance arrears;

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