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(영문) 서울동부지방법원 2019.01.04 2018고단1441
국민연금법위반
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A is a representative director of Songpa-gu Seoul Metropolitan Government C building, and a corporation that conducts civil engineering and construction business, etc. under subparagraph D.

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

Nevertheless, on November 21, 2016, the Defendant did not pay KRW 23,94,760, total pension premiums from September 2016 to October 10, 2016, even though he/she was urged to pay KRW 23,994,760, which is the due date for payment, to pay the total pension premiums from September 2016 to October 2016, which is an insured person of the National Pension Service in the Seoul Songpa-gu E building and the Fdong 1 G, and even after receiving a demand notice as described in the attached list of crimes (1) and (2) from around that time to November 22, 2017, the Defendant did not pay KRW 214,024,290 within that time limit without justifiable grounds.

2. Defendant B, a representative of the Defendant, committed an illegal act with respect to the Defendant’s business as provided in the above paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police officer to I;

1. Each investigation report (No. 13, 16).

1. Copy of corporate register, demand notice of pension, details of delinquency in arrears, each demand notice, adjustment of the amount in arrears, and inquiry into the history of sending written demand notice;

1. Application of the Acts and subordinate statutes on the written accusation;

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; and

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “Chocks favorable to the following sentencing grounds”);

1. Defendant B Co., Ltd.: The reason for sentencing Article 334(1) of the Criminal Procedure Act does not have the same record as that of Defendant A, and his mistake.

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