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(영문) 대전지방법원 서산지원 2014.07.24 2014고단326

영유아보육법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from the end of July 2008 to October 30, 2012, is a person who operates a child care center called "C child care center" in Seosan City B, and the installer and operator of a child care center shall not receive or divert subsidies by fraud or other improper means.

Nevertheless, even though D had not worked as a childcare teacher from September 21, 2008 to July 23, 2012, the Defendant falsely registered D as a childcare teacher to Seosan Viewers, and received subsidies equivalent to KRW 41,095,180 in total by fraud or other improper means after receiving the transfer of D’s childcare teacher treatment cost of KRW 7,630,00, basic childcare fee of KRW 33,465,180 from Seo Seosan Viewers to a new bank account in the name of the National Bank Account (E) and F childcare center (A) in the name of the above D’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A H statement;

1. Application of Acts and subordinate statutes on details of fraudulent receipt of subsidies for child-care centers and details of subsidies granted following false registration of teachers;

1. Article 54 (2) of the Infant Care Act and Article 54 (2) of the Infant Care Act and the choice of imprisonment with prison labor for criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant registered him as infant care teachers and received subsidies from the State or a local government without knowledge of the fact that the period of the crime was about four years and the amount of subsidies received is about 41 million won, which is disadvantageous to the defendant. The fact that the defendant returned all the subsidies that he received after the crime of this case, and that there was no previous conviction of the punishment exceeding the fine is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.