A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal history] On February 1, 2018, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court, and the judgment became final and conclusive on September 13, 2018.

[2] The defendant is the representative director of C, the main purpose of which is engineering business in Chuncheon City B, and the defendant is the employer who is obligated to pay the pension premium to the National Health Insurance Corporation by the 10th day of the following month by aggregating the amount of monthly wage paid to workers and the amount of insurance premium for the employer.

When a workplace-based insured person fails to pay pension insurance premiums and arrears (hereinafter referred to as "annual insurance premiums, etc.") by the deadline, the employer of the workplace-based insured person shall pay pension insurance premiums, etc. by the deadline specified in the reminder issued by the National Health Insurance Corporation for at least ten days.

Nevertheless, even though the Defendant received a demand notice from the National Health Insurance Corporation around August 2017 to July 2017 to pay total of 329,021,860 won, such as pension premiums, etc. between April 2012 and 60 months, and received a demand notice from the National Health Insurance Corporation to September 10, 2017, the Defendant did not pay it by the said deadline without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Investigation report (the sequence 11, 12 of the list of evidence);

1. Notification of insurance premiums on the National Health Insurance homepage / output of the current status of payment, and submission of evidential data related to national pension;

1. A written accusation;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Evidence No. 13), application of the text of the judgment;

1. Article 128 of the relevant Act and Articles 128 (2) 2 and 95 (2) of the National Pension Act for the Selection of Punishment for Criminal Crimes (Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The pension premium in arrears of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is higher.