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(영문) 수원지방법원 2015.09.17 2015고정452

영유아보육법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the president of the C Child Care Center.

No person shall receive any subsidy or use any subsidy by fraud or other improper means.

From May 9, 2011 to April 2013, the Defendant appointed D, the husband of the Defendant, as a monthly-class extension teacher and a teacher for childcare, on the program, “child care integration system” connected to the territory of the Republic of Korea from May 9, 2011 to April 2013, and received subsidies of KRW 7,880,000, as shown in the attached list of crimes.

However, the appointment of D is limited to only a document-based childcare teacher, a part-time childcare teacher, and a part-time childcare teacher, not a part-time childcare service but a part-time childcare center management, driving, etc.

Nevertheless, the Defendant was granted subsidies of KRW 7,880,00 by making a false report as if D actually performing the duties of infant care teachers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant's certificate (nine pages of investigation records);

1. Uniforms of E;

1. Operation log of nursery facilities, infant care child attendance book, and benefit ledger;

1. Investigation reports (Attachment to the records of hearings);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 54(2) of the Infant Care Act (amended by Act No. 12697, May 29, 2014); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the claim is that the husband D of the Defendant actually worked as a teacher or a part-time extension teacher in the C Child Care Center (hereinafter “Child Care Center in this case”) that is held as a person with a Class 2 child care teacher’s license, and thus, the Defendant’s application for subsidies is not false.

2. Determination

(a) In relation to the payment of subsidies, Article 36 of the Infant Care Act shall apply to the State or local governments for the establishment of child care centers and personnel expenses of infant care teachers, as prescribed by Presidential Decree;