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(영문) 창원지방법원 진주지원 2014.08.13 2013고단1309
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From February 28, 2008 to December 2, 2009, Defendants related to overtime childcare reported false appointment and dismissal at the time of the victim as they worked as E childcare teachers or overtime childcare teachers, even though Defendant B only worked for the vehicle operation of E childcare centers or the simple general affairs of E kindergartens at D childcare centers located in Scheon-si, Incheon-si, as they worked for E childcare centers or day-time extension childcare teachers.

As a result, the Defendants conspired to induce the victim from March 2008 to December 2009, and received 22,390,000 won in terms of personnel expenses, etc. for part-time childcare teachers from the victim Sacheon-si as shown in the attached Table 1, and received 14,930,000 won in a false or other unlawful manner from March 1, 2008 to December 22, 2009.

2. From January 2010 to November 201, Defendants related to infant care teachers filed a false report on appointment and dismissal at the victim's death, even though Defendant B only worked as an E child care teacher in the vehicle operation of the E child care center or the simple general affairs of the E kindergarten at the child care center as specified in paragraph (1).

Accordingly, the Defendants conspired with each other from January 2010 to November 201, 201, and were given KRW 4,810,000 under the pretext of the cost of treatment improvement, etc. by deceiving the victim’s death as described in the attached Table 2 from January 201 to November 201, at the same time by fraud or other improper means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness F, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes concerning the current status of workers in child-care centers, career certificates, career records of child-care teachers and staff, applications for granting subsidies for extended child-care fees, amounts of subsidies and refunds, applications for granting of extended child-care fees for extended hours, designation and notification of part-time nursery facilities,

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act (Fraud) and Article 54(2) of the Infant Care Act.

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