영유아보육법위반
1. Defendant shall be punished by a fine of KRW 1,000,000;
2. If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person who operates a “C Child Care Center”, which is an infant and child care institution, in Daejeon-gu, Daejeon-gu, and is not granted a subsidy by fraud or other improper means.
Nevertheless, the Defendant received KRW 805,00,000 from January 2, 2014, as if D, a childcare teacher working for the said childcare center, and as if D, a childcare teacher working for the said childcare center, from January 2014 to February 2, 2014, he/she had worked for the cooking department E while working for the cooking department from January 2014, he/she filed a false application with the Dae-gu Office of Daejeon Metropolitan City as a basic childcare fee, and received KRW 805,00,000, total amount of KRW 1,610,000 from February 2014.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes cooperation in investigation of violations, such as Infant Care Act;
1. Article 54 of the Infant Care Act applicable to the relevant criminal facts and Article 54(2) of the former Infant Care Act (Amended by Act No. 12697, May 28, 2014);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing penalty] 10 million won or less (the decision of sentencing): the subsidy was received by unjust means; the amount was also given by unjust means; the circumstances that are favorable to a considerable amount; there was no record of crime; the teacher’s retirement from office led to the instant crime; the Defendant’s age, occupation, environment; the background and contents of the instant crime; and the circumstances after the crime, etc., were considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act.