The defendant shall be innocent.

1. The summary of the facts charged is a person running a 'D Child Care Center' in Daegu-gu C (hereinafter “Child Care Center”).

No person shall receive any subsidy or divert any subsidy by fraud or other improper means.

The defendant from June 1, 2014 to the same year.

7. Until June 31, 201, the child E of the instant child care center was falsely registered so that he/she can receive full amount of basic child care fees in the child care integration system, which is a basic child care fee application program, even though he/she did not attend the school on June 12, 2014 and was present on July 6, 2014.

In the basic childcare fee support program implemented by the Ministry of Health and Welfare, 174,000 won shall be subsidized for a child under the age of 1 who has attended a childcare center for at least 11 days.

As a result, the defendant claims that the above child was present for at least 11 days, and made a false claim on July 9, 2014 and the same year.

8. Along on November, 198, a total of KRW 348,000,00 for two months’ basic childcare fees, was received from the Seo-gu Seoul Metropolitan City Month.

2. Article 54(2)1 of the Infant Care Act provides that a person who has received a subsidy shall be punished by “a person who has received a subsidy by fraud or other improper means”.

In this context, “a false or other unlawful means” refers to the affirmative and passive act that is deemed unlawful in light of social norms, even though a person is unable to receive a subsidy through a normal procedure, and that may affect the decision-making on the grant of a subsidy (see Supreme Court Decision 2011Du30182, Dec. 27, 2012). Therefore, if a person received a subsidy that was unable to receive through an affirmative or passive act even though he/she does not meet the requirements for receiving a subsidy, such act would be subject to punishment under the above provision, but is subject to the application procedure of subsidy due to failure to perform his/her duties or errors.