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(영문) 서울동부지방법원 2017.03.16 2016고단4515
국민연금법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of three thousand won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the National Pension Service, and the defendant B is a corporation established for the purpose of mechanical facility construction business, etc.

When an employer who is a member of a national pension business place is urged to pay pension premiums after being imposed by the National Health Insurance Corporation, he/she shall pay pension premiums by the payment deadline.

1. Although Defendant A received a demand notice from the National Health Insurance Corporation (hereinafter “National Health Insurance Corporation”) on February 24, 2015, to pay pension premiums from the office of a stock company located in North-gu, Northern-si C, and from the National Health Insurance Corporation until March 10, 2015, Defendant A did not pay pension premiums of KRW 41,236,780 by the due date of payment without justifiable grounds. From around that time to November 10, 2016, Defendant A did not pay KRW 110,486,650 in total over 20 times, as shown in the list of crimes committed in attached Table.

2. Defendant B Co., Ltd. committed a violation as described in paragraph (1) in relation to the Defendant’s business at the same time, place, and the Defendant’s representative, as stated in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes in advance to each demand note, each demand notice, comprehensive inquiries about regional delinquency in payment, criminal charges for delinquency in payment of four major insurance premiums, and advance notice;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 128(2)2 of the National Pension Act and Article 95(2) thereof (or choice of imprisonment);

B. Defendant B Co., Ltd.: Articles 130, 128 subparag. 2, and 95 subparag. 2, and 95 subparag. 2, of the National Pension Act (excluding punishment)

1. Defendant A who has been suspended from execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Defendant B Co., Ltd.: The sentence shall be determined as ordered by taking into account the following circumstances and other various conditions of sentencing as shown in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act.

payment. The payment is not made.

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