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(영문) 울산지방법원 2017.08.09 2016고단2149
국민연금법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative of Ulsan-gu C, Ulsan-gu, the workplace of the National Pension Service.

An employer who has subscribed to the National Pension Scheme in a workplace shall pay the National Pension Scheme by aggregating the insurance premiums borne by the workers and the insurance premiums borne by the employers, which are deducted from the benefits of the workers, and when the National Pension Service demands the payment due to the failure to pay such premiums,

Nevertheless, the Defendant did not pay the National Pension premium of KRW 33,130,420 for 128 employees E, etc. on October 2014, and received demand from the head of the Dong branch office of Ulsan National Health Insurance Corporation to pay it by December 10, 2014, the Defendant failed to pay it by the pertinent payment deadline without justifiable grounds, and thereafter did not pay the National Pension premium of KRW 184,018,590 on six occasions from that time until February 10, 2016, as shown in the list of crimes committed in the attached Table.

Summary of Evidence

1. Partial statements by the defendant or some of the protocol of public trial;

1. Answers to each order for submission;

1. 216 High Court Decision 589, 2016 No. 1110 Court Decision;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the written accusation and materials related to arrears;

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

1. Grounds for conviction under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (determination of issues)

1. The key issue of the instant case is whether the Defendant has justifiable grounds for failing to pay the national pension premium.

2. In full view of the following circumstances acknowledged by the evidence of the judgment, there is no justifiable reason for the Defendant to pay the national pension premium for the facts constituting an offense.

(1) The defendant and the defendant operated.

D Examining each account, at the time of the crime of the judgment.

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