A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the representative of "D" and the insured at the workplace of the National Pension Service in Chungcheongnam-si, Chungcheongnam-si.

When an employer who is a workplace-based insured person in the national pension receives a demand to pay contributions from the Health Insurance Corporation, he/she shall pay the contributions by the payment deadline

Nevertheless, the Defendant did not pay 48,687,740 won (24,343,870 won for the withholding tax, and 24,343,870 won for the employer’s charge) to 36 employees, etc., including E, who worked for the said company from March 18, 2013 to November 23, 2014, and did not pay the pension premium by the payment deadline without justifiable grounds, even though the Defendant received a demand notice from the National Health Insurance Corporation to pay the pension premium on 21 occasions from February 18, 2013 to December 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Delinquent details by worker;

1. Inquiries about the history of sending a written demand notice;

1. Application of Acts and subordinate statutes governing pension contribution payment;

1. Article 128 (2) 2 and Article 95 (2) of the National Pension Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of gender and the fact that there is no past record of criminal punishment exceeding a fine);