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(영문) 서울남부지방법원 2012.12.12 2012고정882

영유아보육법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is operating the “F Child Care Center” in Geumcheon-gu Seoul Metropolitan Government E.

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

1. On November 12, 2010, the Defendant: (a) registered the said G as a paper general infant care teacher and received KRW 1,050,000 from the Geumcheon-gu Office by falsely registering the said G as a paper general infant care teacher and received KRW 1,050,00 from the Geumcheon-gu Office for basic infant care; and (b) from around that time to February 25, 201, the Defendant used the attached list 1 through 5,9,10,000 in total eight times in terms of basic infant care fees, anti-operation expenses, etc. under the pretext of basic infant care fees, anti-operation expenses, etc.

2. On January 20, 201, the Defendant: (a) obtained subsidies of KRW 3,625,00 in total nine times, as indicated in the [Attachment] list Nos. 6 through 8, 11, 13, and 17, from around that time to March 24, 201, by falsely registering H as general infant care teachers even though H did not have actual worked; and (b) received basic infant care fees of KRW 700,00 from Geumcheon-gu Office; and (c) received and used subsidies of KRW 3,625,00 in total from around nine times, as indicated in the attached list Nos. 6 to 8, 11

The Defendant received 8,444,00 won in total of subsidies from the Geumcheon-gu Office by fraud or other improper means, and misappropriated it.

Summary of Evidence

1. Legal statement of a witness I;

1. Partial statement of the witness H in the court;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of I and G;

1. Each letter of H and G preparation;

1. A report on investigation (Attachment of materials) (No. 44 pages of investigation records);

1. Details of accounts received from a subsidy at a F child care center;

1. Application of Acts and subordinate statutes on details of sending H mobile phone numbers;

1. Relevant Article 54 (2) of the Infant Care Act concerning facts constituting an offense;

1. Detention at a workhouse;