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(영문) 수원지방법원 2016.01.14 2015고정3037

사기등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person operating the Suwon-si apartment B apartment house in Suwon-si, and the C Child Care Center in 128 Dong 101.

1. The accused may receive operating expenses (four times a year) and heating expenses (two times a year) from the Gu office having jurisdiction over the location of the above child care center, and the accused shall comply with the standard of monthly minimum wage published by the Government in order to receive the subsidy;

Around May 2013, the Defendant paid KRW 600,000 (including teachers’ improvement expenses, etc.) which falls short of the minimum wage standard to infant care teachers D, but as if the Defendant paid benefits to the above infant care teachers in compliance with the minimum wage standard, the Defendant falsely prepared the wage ledger and submitted it to the Si/Gun/Gu office in Suwon City, which received KRW 200,000 as the operating expenses of the child care center from May 23, 2013 to April 24, 2015, and received KRW 1,50,000 over five times in total as indicated in the attached crime list.

2. The Defendant of the Infant Care Act received subsidies by fraud or other improper means, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Details of account transactions, ledger of wages, and employment contract;

1. - Details of payment of operating expenses, - details of payment of heating costs, - Application of the law of guidelines for subsidization of operating expenses.

1. Article 347 (1) of the Criminal Act (the fraudulent point) of the relevant Act on the facts constituting an offense, and Article 54 (2) 1 of the Infant Care Act (the point of receiving false subsidies);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;