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(영문) 부산지방법원 동부지원 2014.06.23 2014고정251
영유아보육법위반
Text

Defendants shall be punished by a fine of one million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is the director of F Child Care Center in Busan Shipping Daegu E, and Defendant B is the representative of the Child Care Center, who employs Defendant A as the representative of the Child Care Center.

1. Defendant A

(a) No person shall perform the duties of the principal or infant care teacher of a child care center using the name of another person or the name of another person, or borrow a certificate of qualification;

Nevertheless, around the end of July 2013, the Defendant received all documents, such as a copy of G’s certificate of childcare teachers, by facsimile, even though G did not work at the above childcare center. On August 1, 2013, the Defendant reported the appointment and dismissal of the employees of G in the name of G to the Busan Maritime Transportation Daegu Office.

Accordingly, the Defendant borrowed the G Infant Care Teachers’ License as above.

(b) No person shall receive any subsidy for free child care or child care allowances or allow any other person to receive such subsidy by fraud or other improper means;

Nevertheless, the Defendant, upon borrowing the above G qualification certificate, had the Busan Maritime Affairs and Daegu Maritime Affairs Office meet the statutory infant care teacher ratio by falsely reporting appointment and dismissal as infant care teacher, and the same year from August 1, 2013.

9. By 30.30, he received 1,805,000 won [361,00 won x 2 x 361,000 won x 361,000 won x 3 9 months] under the basic childcare fees, and he received 2,40,000 won and 150,000 won for working environment improvement expenses for infant care teachers and treatment improvement expenses.

Accordingly, the defendant received the above subsidies by fraud or other improper means, and the G received the above subsidies.

3. The Defendant B committed the act of violating the above Paragraph 1 in relation to the Defendant’s work at the time, place, and at the same time and place as set forth in the above Paragraph 1.

Summary of Evidence

1. Defendants’ legal statement (in the fourth day, on the fourth day);

1. A protocol of suspect examination of G police officers;

1. Detailed statement of the F Child Care Center allowance;

1. G appointment and dismissal report:

1. The Acts and subordinate statutes governing G currency.

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