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(영문) 인천지방법원 2016.10.12 2016고단4856

사회서비스이용및이용권관리에관한법률위반등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. From May 15, 2006, the Defendant violated the Act on the Use of Social Services and the Management of Vouchers caused difficulties in financial shortage while operating a special private teaching institute with the name of “C” from the first floor of Yeonsu-gu Incheon Metropolitan City from his guardian.

On January 2, 2013, the Defendant provided de facto childcare services, such as language therapy and physical therapy, without having any tools necessary for medical treatment, and two teachers simultaneously look at several disabled children. Although it fails to meet the requirements of institutions providing support services for treatment of disabled students, the Defendant received special medical expenses from the competent authorities and changed the name of the said special driving school into D “D” and registered the said D with the head of Yeonsu-gu Office as institutions providing disabled children development rehabilitation services on February 1, 2013.

Therefore, around June 19, 2015, the Defendant filed a claim for KRW 48,100,000 in total over 5777 times, as indicated in the “A Special Medical Treatment Expense List” by the aforementioned method from April 1, 2013 to the said temporary date, by settling KRW 30,000 as if E used language treatment services by using the voucher card possessed by a disabled disabled child E.

As a result, the Defendant, as a social service provider, filed a claim for the cost of providing social services in excess of the price for the social services actually provided.

2. The defendants violating the Act on Activity Assistants for Persons with Disabilities are persons operating the above D, who are social welfare facilities, and F are paid monthly pay of 1450,000 won and not more than activity support personnel registered in the Self-Support Center for Persons with Disabilities, who are employees of D in charge of assistance and administrative affairs, who are activity support institutions for persons with disabilities.