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(영문) 서울동부지방법원 2020.09.17 2020고단2327
국민연금법위반
Text

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.

Reasons

Punishment of the crime

The Defendant is an employer who is obligated to pay pension insurance premiums to the National Health Insurance Corporation by the 10th of the following month, including the total insurance premium for workers who operate the Songpa-gu Seoul Building B and D Postnatal Care Center and the monthly wage paid to workers after deducting the source from the monthly wage

If a workplace insured person fails to pay pension premiums and other money to be collected accordingly by the deadline for payment, the employer of the workplace insured person shall pay pension premiums by the deadline for payment of at least ten days specified and issued by the Health Insurance Corporation.

Nevertheless, the Defendant received a demand notice from the said postnatal care center around March 2020 to pay the total of 61,255,080 won of the national pension premiums and arrears from the National Health Insurance Corporation from January 2016 to March 2020 to April 10, 2020, but did not pay the above national pension premiums, etc. within the above period without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Inquiry into the history of sending a written accusation, a statement of unpaid insurance premiums, and a written demand notice;

1. Application of Acts and subordinate statutes to the extent that the region or workplace is a comprehensive inquiry about arrears, the publication history of the consolidated workplace, each D Postnatal Care Center's demand and notification form, and the issuance history of the demand notice

1. Relevant Article 128 (3) 2 and Article 95 (2) of the National Pension Act, the choice of punishment for the crime, and the choice of imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various conditions of sentencing as shown in the instant records and arguments, including the circumstances after the crime.

The favorable circumstances: A reasonable ground is that it acknowledges the crime and reflects the mistake, partly pays the unpaid national pension premium, there is no record of punishment for the same crime, and there is no record of punishment for the suspension of execution or higher:

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