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(영문) 의정부지방법원 2015.12.17 2015고정2318
영유아보육법위반
Text

1. Defendant A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

Defendant

A is the head of a child-care center C, and the defendant B is the child-care center operator.

1. The head of the Defendant A nursery facility or the infant care teacher who received a subsidy or uses a subsidy by fraud or other improper means, even though he/she was registered as D by fraud or other improper means from March 2014 to October 2014, he/she received a total of KRW 7,505,340, including a total of KRW 5,505,340, and a total of KRW 1,600,000, including improvement expenses, and a total of KRW 7,505,340, including a special business allowance of KRW 40,000,000.

2. Defendant B received subsidies, such as basic childcare fees, as above, from Defendant A, who is an employee of the Defendant, in an unlawful manner.

Summary of Evidence

1. Each legal statement of the Defendants (E means that only the Defendants worked in the p.m.)

1. The police statement concerning F;

1. A letter of business trip;

1. Authorization for child-care centers;

1. Application of Acts and subordinate statutes to data on calculating illegal receipt and payment, and details of illegal receipt;

1. Defendant A of the pertinent Article of the Infant Care Act concerning criminal facts: Defendant B of the Infant Care Act Article 54 (2) 1 (Selection of Fines): Articles 55 and 54 (2) 1 (Selection of Fine) of the Infant Care Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that Defendant B appears not to actually participate in the operation of the child care center at the time of the wrongful receipt of the subsidy in this case.

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