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(영문) 광주지방법원 2016.01.27 2015고정953
보조금관리에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of E children's house in Gwangju Mine-gu, and Defendant B is the head of E's house, and Defendant B is the head of F study site visit and other students.

In spite of the fact that no one receives subsidies by filing a false application or by other unlawful means, the Defendants conspired to receive subsidies from the competent mining office by pretending that Defendant B, who did not work in the above E-care center, works as an overtime teacher for overtime of hours in the E-care center.

Defendant

A around January 12, 2012, in connection with a program for approving the payment of childcare administrative support system using a computer at the above childcare center, filed an application for the payment of KRW 1,00,000 with Defendant B who falsely reported the appointment and dismissal as an overtime teacher during the hours, and received KRW 1,00,000 from the Gu Mine Office around January 25, 2012, and received KRW 1,00,000 from the above day to June 25, 2013 in total from the above day to June 25, 2013.

As a result, the Defendants conspired to receive subsidies by fraud or other improper means.

Summary of Evidence

1. Legal statement of witness G;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A copy of each certificate;

1. The ledger of overtime teachers' benefits for each hour, each deposit confirmation certificate, and each transfer confirmation certificate;

1. A detailed statement of transactions for the entry and withdrawal of the new cooperation passbook submitted;

1. The Defendants and the defense counsel asserted that the Defendants did not receive subsidies in collusion by making a false application or by other unlawful means, as they actually worked as an overtime teacher at a child-care center in the case of Defendant B’s overtime work.

According to the evidence adopted and investigated by this court, the Defendants prepared a written confirmation to acknowledge the instant crime at the time of receiving an audit from an administrative agency, and Defendant B registered as an overtime teacher for childcare centers E-child care centers.

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