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(영문) 서울북부지방법원 2015.08.28 2015고단1636
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 employs 39 persons, such as D, as the president of the C Association located in Chungcheongnam-gun, Chungcheongnam-gun, and conducts health and medical services and is the national pension subscribers.

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

Nevertheless, from August 2014 to December 2012, 2014, the Defendant deducted 11,305,480 won as pension premiums from the Defendant’s wage and 39 employees of the foregoing union as well as D et al., and received a demand notice from the Health Insurance Corporation to December 22, 2014 at the same place of business four times from August 20, 2014, the Defendant did not pay the aggregate of 22,610,960 won (the amount of wage withheld withheld at source 11,305,480 won, 11,305,480 won, 480 won) by the payment deadline without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to inquiries about the details of arrears by employee, and the history of sending a written demand notice;

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

1. The sentence shall be determined as ordered in consideration of the fact that the crime of this case was committed due to failure of business reason in sentencing under Article 62 (1) of the Criminal Act, the fact that there was no record of the same kind of crime, and the living environment, economic situation, occupation, age, etc. of the defendant;

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