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(영문) 울산지방법원 2013.03.21 2012고정1375

영유아보육법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is the Director of the Ulsan Northern-gu C Child Care Center, and even if no one receives a subsidy by fraud or other improper means, the Defendant does not receive the subsidy;

1. While serving as a childcare teacher at the above childcare center on September 15, 201, and retired from office on September 15, 201, paid KRW 1,317,310 as monthly salary on September 201, and received a refund of KRW 620,570 corresponding to the period from September 16, 201 through September 30, 201, from the above salary on September 25, 2011, it was reported to D’s working until September 30, 201, and paid the full amount of the monthly salary to D’s working until September 30, 2011.

2. From November 7, 2011 to E who worked as a nursery teacher from the above child care center to November 7, 2011, the child care center paid KRW 1,268,740 as monthly salary, and on November 25, 2011, despite having been refunded KRW 279,500 for the period from November 1, 201 to June of the same month, the child care center received a subsidy corresponding to the portion of KRW 279,500, which was returned from E, by reporting that “the full amount of monthly salary was paid to E” to the North-gu Office of Ulsan Metropolitan City, Ulsan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, and D;

1. Requests for investigation related to violations of the Infant Care Act;

1. Confirmation results of violation of the Infant Care Act and the application of Acts and subordinate statutes reporting a plan for measures;

1. Each relevant provision of Article 54 (2) of the Infant Care Act concerning criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.