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(영문) 광주지방법원 2016.01.28 2014구합854
보조금반환명령 등 처분취소
Text

1. The Defendant filed against the Plaintiff on April 16, 2014

(a) an order to return a subsidy of KRW 8,430,400 in respect of B childcare centers; and

Reasons

On November 2009, the Plaintiff acquired a child-care center by transfer between D and C-care center located in the YY E in the YY and B-care center located in the YF in the YE in the YE.

In accordance with the above transfer contract, the Plaintiff obtained permission from the Defendant to change the head of the C Child Care Center from D to the Plaintiff on April 16, 2010, and the representative from D to November 4, 2010, respectively.

On January 10, 2014, the Commissioner of the Local Police Agency prior to notification of the entry to the defendant is as follows with respect to the plaintiff to the defendant.

In this regard, it was notified that the facts charged were investigated and brought into a case such as violation of the Subsidy Management Act.

The Defendant’s disposition against the Plaintiff on April 16, 2014, on the ground that the Plaintiff committed an offense falling under the case where a person subsidized expenses under Article 40 subparag. 3 of the Infant Care Act by fraud or other improper means upon notification of the investigation results of the Seoul Provincial Police Agency, pursuant to Article 45(2) of the Infant Care Act, (1) orders to refund subsidies of KRW 8,430,400 in relation to the Child Care Center and imposition of KRW 25,200 in lieu of one year of the suspension of operation of the Child Care Center, (2) orders to refund subsidies of KRW 8,00,000 in relation to C Child Care Center and one year (from June 1, 2014 to May 31, 2015), each of the above orders to return the same case’s penalty surcharges.

AB made it.

On February 25, 2014, the prosecutor of the relevant criminal judgment confirmed the following facts charged against the plaintiff at the Gwangju District Court 2014 High Court Decision 2000.

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