A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

1. No person who violates the Infant Care Act and the Management of Subsidies Act shall receive any subsidy by fraudulent or other illegal means, or use any subsidy;

Around November 2013, the Defendant, as the head of the “C” childcare center located in Seo-gu Incheon, was paid a total of KRW 199,946 from the Seo-gu Incheon Central Office for childcare staff members and staff members of the said Seo-gu, Incheon, for all purposes such as reimbursement of existing debts, living expenses, etc. In addition, the Defendant used subsidies of KRW 80,502,094 in total by 330 times from around that time until February 2018.

2. From April 2014 to February 2016, a person operating a childcare center in violation of the Subsidy Management Act has already paid 20% of the retirement reserve fund to an insurance company in order to receive subsidies from the competent authority to receive retirement reserve funds in the name of the retirement reserve for childcare staff, and then submits evidentiary materials to the competent authority. However, on March 2014, the Defendant was unable to receive subsidies in the name of the retirement reserve fund no longer due to (i) the expiration of the maturity of the D’s “E” product, which was subscribed to receive the existing retirement reserve fund support, or (ii) the failure to renew the said payment after the expiration of the maturity or to take out a new insurance policy.

Nevertheless, on April 2014, the Defendant received KRW 101,323 from the Seo-gu Incheon Seo-gu Office without submitting data on the current status of insurance premium payments by making it possible to later submit data on the current status of insurance premium payments, because the Defendant paid the normal insurance premium to female childcare and employees of the Seo-gu Incheon Office, Incheon, which is the competent office.