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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.
2. The lower court determined a sentence against the Defendant taking into account the following: (a) the Defendant was the primary offender, and the actual D was working for a childcare center; (b) the Defendant was not spent for personal purposes; and (c) the instant crime was committed by denying the provision of subsidies by taking advantage of the subsidies for personnel expenses provided to infant care institutions; (b) the need for strict punishment in that the purpose of the support system for infant care as well as the waste of subsidies; (c) the period of the crime is long; (d) the amount of subsidies received is not much; and (e) the accomplice D returned KRW 8,360,00 to the Defendant, but the Defendant did not make any effort to recover from damage on the ground that there was no money.
In this context, the Defendant committed the instant crime in a planned manner, such as ordering K and L, who are child care teachers belonging to E, to prepare a childcare log or counseling log as if D were to care for the children under his/her control, and the Defendant was merely 2,177,750 won of the illegally paid subsidies up to the date of the conclusion of the pleadings at the trial at the trial at the trial at the trial at the trial, and thus, the Defendant was actually in charge of 18 infant care teachers belonging to this E due to the Defendant’s false registration of D as infant care teachers of E (one to two years of age, one half of the infants, and eight infants). Accordingly, the assignment standards for infant care teachers and staff under Article 10(10) of the Enforcement Rule of the Infant Care Act (Assignment standards for infant care staff) of the Infant Care Act are as specified in attached Table 2.
[Attachment 2] Criteria for Placement of Infant Care Personnel
1. Infant care teachers and staff to be employed in child care centers and the number thereof;
(b) In such cases, infant care teachers shall be placed according to the following classification and assistant teachers shall be placed in order to reduce the duty burden of infant care teachers:
2) An infant aged between 1 and under 2 years of age;