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(영문) 대전지방법원 2014.01.03 2013고정1955
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant shall be the head of the D Child Care Center in Daejeon Seo-gu C.

1. From May 1, 2010 to February 29, 2011, the Defendant employed F, who is a bad credit holder during the child care leave and child care leave period, and registered falsely as if E continues to work, without making a report on appointment and dismissal, and applied for a subsidy with the integrated child care information system by inducing the victim Daejeon Daejeon Metropolitan City Office and the Republic of Korea through the integrated child care information system. As indicated in the attached crime list, the Defendant received a total of KRW 1,60,00 from the victim of the Daejeon Metropolitan City as a teacher’s allowance, and received a total of KRW 6,860,000 from the victim of the Republic of Korea as a direct subsidy for the child care center and received a total of KRW 7,920,00 from the victims by unlawful means.

2. From June 10, 2012 to November 2012, the Defendant employed G that cannot be employed as a registered teacher of another childcare center even during the second childbirth leave and childcare leave period of E, registered with false registration as if E continues to work without reporting the appointment and dismissal as if he/she had been employed, and applied for subsidies with the integrated childcare information system by deceiving the victim Daejeon Metropolitan City office of the Daejeon Metropolitan City, and receiving a subsidy of KRW 670,000,000 in total as a teacher’s allowance as shown in the attached list of crimes, and, at the same time, acquired the subsidy by an unlawful means from the Jung-gu Office of the Daejeon Metropolitan City of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to H and E;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 54 (2) of the Infant Care Act (the point of fraudulent receipt) of the Infant Care Act for the crimes in question;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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