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(영문) 청주지방법원 2015.03.19 2014고정798

영유아보육법위반

Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Although Defendant A retired from office on November 15, 2009 and thereafter had worked as a cooking book, Defendant A received subsidies equivalent to KRW 5,192,80,80,000, including the sum of KRW 1,296,550, around November 2009, when E continued to serve as a cooking book from November 2009 to February 201, Defendant A received from Jincheon-gun, by claiming false subsidies from Jincheon-gun, and by claiming false subsidies from Jincheon-gun, around November 2009, around December 29, 2009; and KRW 1,29,880, around January 1, 2010; and KRW 1,29,80, around February 1, 2010;

As a result, the Defendant received subsidies by fraud or other improper means.

2. The Defendant B, as indicated in the above paragraph (1), received the total of KRW 5,192,80 by fraud or other improper means in relation to the Defendant’s duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A criminal investigation report (a copy of confirmation of residents' welfare, telephone number of public officials in charge, and report of appointment or dismissal of suspects);

1. Orders for administrative dispositions;

1. Details of requests for subsidies and payment thereof;

1. Application of Acts and subordinate statutes on the certificate of employment (E) and the benefit ledger;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 54(2) of the former Infant Care Act (amended by Act No. 12697, May 28, 2014; hereinafter the same) (amended by Act No. 12697, May 28, 201); and

(b) Defendant B social welfare foundation: Articles 55 and 54 (2) of the former Infant Care Act (generality);

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;