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(영문) 수원지방법원 평택지원 2016.04.08 2015고정745
영유아보육법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Infant Care Act is the head of the “D Child Care Center” in Ansan-si. From March 201 to October 18 of the same year, the Defendant falsely registered infant E who did not attend the said Child Care Center from March 201 to October 18 of the same year, and received the basic infant care fees of KRW 1,392,00 for a period of four months from Ansan-si.

In addition, including one infant E, four persons listed in the Schedule of Attached Crimes (1) from around the above time to December 2014, who received the supply of KRW 7,890,000 in total by the same way.

2. The Defendant violated the Act on the Use of Social Services and the Management of Voucherss: (a) falsely registered an infant E who was not present at the above child care center from March 201 to October 18, 201; and (b) received child care fees of KRW 2,596,620 from the Ansan City by settling the infant care fees for four months using the voucher card without permission.

The Defendant, including infant E, received 9,688,620 won in all by the same way for four persons listed in the List of Attached Crimes (2) from around the above time to December 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to a public official in charge;

1. Review and report on the administrative disposition plan due to false registration of a child;

1. Application of Acts and subordinate statutes to a prosecution investigation report (public prosecutor in charge of viewing and telephone conversations);

1. The provision of Article 54 (2) 1 of the Infant Care Act (the illegal receipt of subsidies) for each of the relevant laws regarding criminal facts, the provision of Article 35 (1) of the Act on the Use of Social Services and the Right to Use Vouchers (the illegal use of social services vouchers) and the selection of fines for each of them;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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