Violation of the Act on the Support for Bottleneck Activities

Residence

Reference domicile

1. Violation of the Act on the Use of Social Services and the Management of Vouchers;

From May 15, 2006, the defendant suffered difficulties due to the lack of funds while operating a special driving school with the trade name of "A" from the protection of disabled children in Yeonsu-gu Incheon.

Accordingly, the Defendant, on January 2, 2013, provided de facto childcare services, such as language therapy, physical therapy, etc., without having any tools necessary for medical treatment, and two teachers simultaneously look at several disabled children, and even though it fails to meet the requirements of the institution providing treatment support services for disabled students, the Defendant received special treatment expenses from the competent administrative agency to use them as operating expenses of a private teaching institute, and registered the trade name of the said special driving school to "B Center" with the head of Yeonsu-gu Office around February 1, 2013.

Therefore, the Defendant used the voucher card held by the disabled disabled disabled child C around June 19, 2015, and settled KRW 30,000 as if C used language therapy services, and claimed expenses to the competent authority at the same time. From April 1, 2013 to the above temporary date, the Defendant claimed KRW 40,810,000 in total over 577 times, such as the “Attachment A Specific Medical Care Expense List” written from around April 1, 2013 to the above temporary date.

Accordingly, the Defendant, as a social service provider, filed a claim for the cost of social services exceeding the cost of social services provided by fraudulent or other unlawful means or intentionally.

2. Violation of the Act on Activity Support for Persons with Disabilities;

The defendant is a person operating the above B Center which is a social welfare facility, and OOOOOOO is an employee of the B Center in charge of the affairs related to the support of the defendant and the administrative affairs by receiving monthly pay of KRW 14.50,000,00 and registered in EOOOOO is an activity support institution (hereinafter referred to as "activity assistant"). The highest ○○ is 1.1 million won a monthly wage, and the employee of BOOOOO is an activity assistant registered in the Incheonnam-dong regional self-support center, Incheon, which is a self-support institution, in charge of preparation for meals, and is an employee of BOOOOOOO is an activity assistant registered in EOOOOOOOOO who is an activity support institution, who receives monthly pay of KRW 1.250,000 and prepares for meals, and the employee of BOOOOOOO is an activity assistant registered in EOOOOOOOOO and an employee of the above regional self-support center.

Activity support allowances are those provided to recipients, such as activity support allowances, visiting bathings, visiting nursings, etc., and persons with disabilities, where an activity support institution has provided recipients with an activity support allowances, it is paid to the competent administrative agency upon filing a claim for travel expenses for activity support allowances (hereinafter referred to as "expenses for activity support") and after excluding 25% of the fees among them, it shall be paid to activity assistant, and the competent administrative agency may provide recipients with an activity support allowances voucher (fence card) stating the amount of the activity support allowances or an amount corresponding thereto so that recipients may receive the activity support allowances.

On the other hand, activity support allowances shall be provided exclusively to one recipient during the relevant visit hours, and they shall not be provided at the same time to two or more recipients, and persons engaged in social welfare facilities who are not activity support institutions shall not become activity assistants. And the recipients shall carry the voucher card and settle real-time accounts through the settlement terminal possessed by activity assistants after they receive the service from activity assistants.

When operating the above B Center around March 2013, the defendant registered B Center's employees or branch employees (hereinafter "members, etc.") as assistants of the activity support institution for disabled persons, and provided activity support allowances to disabled children attending the above B Center. After concluding a contract for use, the defendant had the above B Center's employees registered as activity assistant for disabled persons and designated the employees, etc. of the B Center as activity assistant. After the completion of the school classes of disabled children, the above employees of the B Center designated the above employees as activity assistant, etc. using the vehicle for the above school. After the completion of the school classes of disabled children, the above employees sent the above B Center to the above B Center, etc., and after sending the service of activity support to one recipient, the defendant did not think that the recipient will be provided with the whole activity support service, but if the expenses excluding the service fees are paid to the above employees, etc., the defendant received the remainder of the service expenses to be paid from the above employees, etc. through the competent government agency through the activity support institution for disabled persons.

Therefore, on March 22, 2013, the Defendant: (a) registered ○○ as an assistant to the above E Center; and (b) concluded a map for providing and using activity support allowances with the above E Center; (c) designated ○ as an activity assistant; and (d) around April 19, 2013, the Defendant paid 34,200 won as an activity support allowance to F, and claimed 30 won as an activity support allowance from F, and then paid 34,00 won to the competent authority through E Center at the above time, and claimed 300 won as an activity support allowance, 400 won as an activity support allowance, 500 won as stated in [Attachment] by June 30, 2015, 2000, 300 won as the crime list, 3000 won as the crime list, 400 won as the crime list, 400 won as the crime list, 3000 won as the crime list.

Accordingly, the Defendant, in collusion with ○○○, ○○, ○○, ○○, ○○, and ○○, filed a claim for reimbursement of benefits by false or other unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. Brontal, ○○, ○○○, and each police suspect suspect interrogation protocol about ○○, and ○○.

1. Statement of the police statement on Kim○-○

1. A written statement of ○○.

1. A written resolution, a written support plan for users of good attendance cards, a copy of self-support card, resume, each employment contract, employment contract for personnel providing activity support services, written contract for employment of each activity support allowances, written contract for the use of each activity support allowances, written contract for each activity support allowances, each duty activity support allowances schedule, written mutual consent for each activity support allowances, written application for each individual (or the office of education) course from 2013 to 2015, and written application for treatment support expenses;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 36 Subparag. 3, Article 19(7)2 of the Act on the Use of Social Services and the Management of Vouchers (a comprehensive claim for the denial of the cost of providing private services), Article 47(1)1 of the Act on the Support of Disabled Activities, Article 30 of the Criminal Act (a comprehensive claim for the cost of benefits, referring to a claim for the denial of the cost of benefits, referring to a claim for the denial of the cost of benefits, referring to

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

A sentence shall be imposed on the Defendant in consideration of the circumstances, such as the fact that the Defendant was sentenced to a fine for the violation of the respective Labor Standards Act on around 2013 and around 2016; that there was no previous conviction; that the operation of support facilities for persons with disabilities was insufficient operating expenses; that the Defendant appears to have been divided into depth. However, the instant illegal receipt amount is a larger amount than KRW 100 million; the instant crime is a crime that interferes with the operation of the State’s appropriate support system against the socially weak; the instant crime needs to be eradicated by our society; and the amount of illegal receipt has not been recovered at all until now; and the Defendant is sentenced to punishment in consideration of the circumstances, such as the fact that the pertinent punishment is determined as the order by taking into account all the above circumstances and various other factors of sentencing, and is not bound to return the amount of illegal receipt.