beta
(영문) 대전지방법원 2015.10.28 2015고정248

영유아보육법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the head of the “E Child Care Center” located in Daejeon Seo-gu Daejeon District from December 15, 2009.

No person shall receive or divert a subsidy by fraud or other improper means.

A person who operates a home childcare center pursuant to the regulations may be paid various allowances, such as personnel expenses, transportation meal expenses, and improvement of treatment of teachers working for at least six hours a day after appointing and dismissing teachers for a monthly salary-class extension team.

Nevertheless, from June 2013 to February 2014, the Defendant employed F and G as a part-time extension team teacher from the above “E Child Care Center” to take care of four hours per day actually.

After that, as long as the F and G had worked for childcare from 15:30 to 21:30 minutes per day (6 hours) on a monthly basis, the “long-term childcare teacher working status register” was prepared and submitted to the head of Geumcheon-gu, thereby illegally applying for subsidies.

Then from June 2013 to December 2013, 2013, F and G were granted KRW 1,60,000 for each of the 1,000 won for each of the 80,000 won for school teachers’ working environment improvement expenses, KRW 30,00 for transportation meal service expenses, KRW 50,00 for improvement of treatment expenses, KRW 60,000 for special childcare centers, KRW 60,00 for special childcare centers) on January 2, 2014 and February 2, 2014, KRW 1,090 for F and G for each of the 80,000 won for teachers’ working environment improvement expenses, KRW 30,00 for transportation meal service expenses, KRW 50,00 for special childcare centers, KRW 60,00 for special childcare centers.

As a result, the Defendant applied for government subsidies by unlawful means and received 19.2 million won (=(1.60,000 won x 7 months x 1090,000 won x 2 months) x 2 months) on nine occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning H, G, and F;

1. Matters concerning guidance and inspection of child-care centers, written opinions (public officials of the Jung-gu Office), and data related to the results of guidance and inspection of child

1. An application form, etc. for subsidies, a certificate of the results of extended childcare for each child, a working status register of extended hours of infant care teachers, an application form for subsidies and related data, and a labor contract;

1. Statement of transactions;