영유아보육법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Summary of Grounds for Appeal
The basic childcare fees received by the defendant is the support expenses for infant care among vulnerable infant care under Article 28 (1) of the Enforcement Rules of the Infant Care Act, which is the childcare expenses paid by infant care guardians to infant care facilities as well as infant care fees. Therefore, it cannot be viewed as subsidies.
Therefore, the judgment of the court below convicting the charged facts of this case is erroneous.
Before the judgment on the grounds for appeal to amend the indictment ex officio, the public prosecutor examined the same ex officio prior to the judgment on the grounds for appeal to amend the indictment, and the public prosecutor applied for the amendment of the indictment to the effect that the basic infant care fees among the facts charged in the instant case remain and the infant care fees are deleted, as stated in the revised facts charged below. Since this court permitted this, the judgment of the court below was no longer maintained.
The judgment of the court below has the above reasons for ex officio reversal.
Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is examined.
A person who operates a D child care center located in the Osan-si Factory Complex, Osan-si, and who receives a subsidy or uses a subsidy by fraud or other improper means. On October 201, 201, the Defendant was connected to the E-child care site, a standard child care administrative system, using the computer, and was paid KRW 115,00 each month by applying the basic child care fee for E from July 201 to September 201, when E, the financial resources of the above child care center, left Korea on June 23, 2011, and entered Korea on October 31, 201 and was present at the child care center during the period from July 201 to October 201, notwithstanding the absence of the fact that he/she was present at the child care center.
As a result, the Defendant received a total of KRW 345,00 subsidies by illegal means.
Judgment on mistake of facts is made.