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(영문) 인천지방법원 2016.12.15 2014고합838

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

However, Defendant B and C.

Reasons

Punishment of the crime

Based on the indictment and the written application for changes in indictment issued on April 28, 2016, the charges were partially revised and recognized as criminal facts to the extent that it is deemed that there is no substantial impediment to the exercise of the accused’s defense rights.

From August 2012 to June 2014, the Defendants were operating the F Co., Ltd. (hereinafter referred to as the “F”) which is an educational institution that received training expenses from employers in the second floor of the building in Kimpo-si, Kimpo-si.

A business owner who operates a child-care center may outsource his/her training expenses to another training institution and require the relevant training institution (entrusted training institution) to conduct workplace skill development training for the child-care teacher, and where the child-care teacher has completed such training, he/she may receive subsidies from the Minister of Employment and Labor. In order to receive such subsidies, the business owner shall enter into an entrustment contract for workplace skill development training with the educational institution certified by the Human Resources Development Service of Korea, and the person subject to education shall directly find the training and complete the training course, and the child-care teacher who is subject to education shall attend at least 80/100 of the training hours in the relevant training course and complete the course.

When the Defendants came to know that the head of a child care center, who is an employer, can receive a subsidy from the Ministry of Employment and Labor in operating F, they can receive a refund of education expenses for the head of the child care center who is the employer, thereby promoting F to commission the education for the child care teachers, instead of the child care center.