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(영문) 수원지방법원 2018.04.13 2018고정284
영유아보육법위반
Text

Defendant shall be punished by a fine of 2.7 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive a subsidy or appropriate a subsidy by fraud or other improper means.

Nevertheless, on July 2016, the Defendant received a false subsidy of KRW 9,536,920 in total seven times until January 2017, including a false subsidy of KRW 9,536,920, which is paid to childcare teachers only to childcare teachers among childcare teachers at the Young-gu, Suwon-si, Suwon-si, by ordering them to leave from childcare teachers at one hour a day and seven hours a day a day a day, while he/she received a false subsidy of KRW 9,536,920, which is paid to childcare teachers only to childcare teachers among childcare teachers at the Young-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. F's factual confirmation, E's written confirmation, E's written statement, and financial transaction statement;

1. Each prosecutor's investigation report (the confirmation of relevant facts, the relationship of evidence, and the specification of the amount damaged);

1. Police investigation report ( Current status of duties of child-care center teachers on duty);

1. Application of Acts and subordinate statutes to reply to a labor contract (Chapter IV), a document on the basis of subsidies, basic childcare fees, etc., the current status of the payment of subsidies, each of the operation of each D Child Care Center (from August 2016 to January 2017, July 2016), a copy of the head of the Tong A, a document on the guidelines for the handling of subsidies from the Health and Welfare Department, etc., a daily childcare plan for D Child Care Centers, and an additional document on accusation case (the status of the payment of subsidies in July 2016);

1. Relevant Article 54 (2) 1 of the Infant Care Act and the selection of a fine for the crime;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the primary offenders, and all of the instant crimes are recognized, taking into account the following: (a) the Defendant’s mistake is against himself/herself; and (b) returned KRW 6,986,920 out of the subsidies illegally received by the Defendant.

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