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(영문) 서울중앙지방법원 2014.03.27 2013고합1343

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for a period of three years and six months, and Defendant B for a period of three years, respectively.

Reasons

Punishment of the crime

Defendant

A around August 7, 2008, at the same time, established K (hereinafter referred to as “K”) with the 3rd floor of the Seoul Northern-gu Seoul Northern-gu Seoul Metropolitan Government for the purpose of conducting vocational skills development training for workers under the jurisdiction of the Ministry of Employment and Labor (hereinafter referred to as “K”), and Defendant A is the K’s representative director, and Defendant B is the person who has worked as the head of the headquarters.

In normal cases, the heads of child-care centers shall prepare a training entrustment contract for the entrusted education of K and Internet in order to implement vocational ability development training for infant-care teachers employed in the child-care center, and pay them the prescribed expenses for education and training

Since then, if K grants a ID and password for education and training to the childcare teachers of the relevant childcare center, infant care teachers have access to the K Remote Training Site (L and M)'s vocational learning management system (L and M) after receiving teaching materials, have undergone learning training in the form of submitting monthly subjects and objectives of learning in the course of each week and submitting monthly tasks, and have completed the examination if the number of points exceeds a certain point.

On the other hand, the head of a childcare center who is an employer shall submit the list of childcare teachers who completed distance training to the Human Resources Development Service of the Ministry of Employment and Labor for refund of training expenses for childcare teachers.

However, in ordinary cases, the child care teachers did not complete the training course properly due to lack of time, and the heads of child care centers who are likely to do so are placed in the situation where it is difficult for them to comply with the above commissioned education contract, and the Defendants in collusion with K employees including N and the heads of child care centers, who employ part-time students to use the characteristics on the computer web, and have them perform the work such as the submission of learning courses and subjects and the submission of a test answer sheet in lieu of the infant care teachers.