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(영문) 대전지방법원 홍성지원 2016.11.24 2016고정174
국민연금법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 3,000,000 for Defendant B limited partnership companies, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of the limited partnership company B in Chungcheongnam-nam Budget Group C, and the defendant B is a corporation that aims at the construction business.

1. Notwithstanding that Defendant A received a demand notice from the above limited partnership office from July 2013 to September 2015 to pay the above company workers D and 25 national pension contributions from the National Health Insurance Corporation’s budget branch over 34 times, Defendant A did not pay the total of 26,606,460 national pension contributions as shown in the attached crime list without justifiable grounds.

2. Defendant B limited partnership company’s employees did not pay the national pension premium within the aforementioned payment period without justifiable grounds in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. Delinquent details by worker;

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

1. A pension contribution payment certificate;

1. Application of Acts and subordinate statutes governing partial certificates of registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 128(2)2 and 95(2) of the National Pension Act (Selection of Fines);

(b) Defendant B limited partnership company: Articles 130, 128(2)2, and 95(2) of the National Pension Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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