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(영문) 춘천지방법원 강릉지원 2014.07.17 2014고단94

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In operating the "E Child Care Center" in Gangnam-si D, the Defendant knew that when he/she registers a cooking employee in a child care center, he/she could receive personnel expenses subsidies from the victim Gangseo-si, while residing in Gangnam-gu Seoul Metropolitan Government, he/she falsely registered the Defendant F, who is the same student of the Defendant, who is unable to work normally in the "E Child Care Center" located in Gangnam-gu, and received the subsidies from the victim.

No person who operates a childcare center shall receive a subsidy by fraud or other improper means.

Nevertheless, the Defendant, despite being aware that F cannot work as above, had access to the integrated childcare information system on September 4, 2012 and had falsely registered the FF as a cooking employee. On October 2012, the Defendant applied for a subsidy for labor expenses for September 25 and October 2012, and received KRW 2,353,950 from the victim Gangnam-si, the Defendant, who had access to the said integrated childcare information system and completed work normally.

From that time until June 25, 2013, the Defendant received a total of KRW 12,811,220 as a subsidy for personnel expenses as shown in the attached list of crimes.

Accordingly, the Defendant received the subsidy by deceiving the victim as above at the same time by fraud or other improper means.

Summary of Evidence

1. Legal statement of a witness I;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (Fraud) and Article 54(2) of the former Infant Care Act (Amended by Act No. 12697, May 28, 2014; hereinafter the same shall apply)

1.Article 40 of the Criminal Code of Trade and Trade.