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(영문) 대구지방법원 2014.04.16 2013고정2660
영유아보육법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From December 7, 2012, the Defendant was a representative who established and operated E childcare centers located in Daegu-gu Dong-gu, Daegu-gu, and was paid approximately KRW 42,00,000 for monthly childcare subsidies under the pretext of personnel expenses of childcare teachers, etc. at the Dong-gu, Daegu-gu, the Defendant: (a) on December 7, 2012; (b) on March 4, 2013, the Defendant’s mother was registered as the above childcare center’s assistant nurse; (c) on January 10, 2013, G was falsely registered as the above childcare center’s assistant nurse; and (d) on February 25, 2013; (e) KRW 500,000,000 on May 13, 2013; and (e) KRW 200,000 on April 130, 2013 for G as wages for childcare teachers, etc.

Accordingly, the defendant has utilized a total of 4,040,000 won of the subsidies received.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of the witness H;

1. Two times against the accused, the third police statement, and the protocol of the suspect examination of the police;

1. Each police statement concerning I, J, K, G, and F;

1. Lritten statements;

1. Employment contracts, employment contracts, and F;

1. The current status of subsidies granted, details of transactions, and child care centers;

1. Detailed statement of unjust expenditure, such as revenue budget, expenditure budget, revenue and expenditure budget of child-care centers of 2012, expenditure resolution, revenue resolution, personnel expenses, etc., and the status of entry and departure of each individual;

1. Application of Acts and subordinate statutes to investigation reports (reports on hearing statements by public officials in charge);

1. Relevant Article 54 (2) of the Infant Care Act and Article 54 (2) of the Infant Care Act and the selection of fines for criminal facts;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant did not falsely register F and G as a cook or assistant nurse of a childcare center.

B. Wages paid by the Defendant to F and G are not paid from childcare subsidies, but paid from the amount borrowed by the Defendant.

(c) infant care fees for the accused;

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