A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a social service provider who operates C in Jeju City B and 2 and provides massage services to older persons using D.

No recipient of a subsidy shall receive or receive a subsidy or indirect subsidy from a subsidy program operator or an indirect subsidy program operator by false application or other fraudulent means, and a social service provider shall not claim expenses for social services exceeding the price for social services actually provided by fraudulent or other improper means, or intentionally.

On February 13, 2015, the Defendant: (a) around 09:54, 09:54, the Defendant: (b) provided massage services to D users without being registered as C’s employees; (c) despite having the said E provided massage services to D users, the Defendant claimed for the cost of massage services in the victim G as if the E had been provided with massage services from F, a massage affiliated C; and (d) around that time, the Defendant received 30,000 won from the victim’s agricultural bank account in the name of the Defendant as the cost of massage services.

In addition, from that time until December 30, 2016, the Defendant claimed the cost of massage services to the victim in a total of 656 times, such as false information, and received KRW 21,84,800 from the victim in total as the cost of massage services.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Legal statement of witness F;

1. Each police statement made to H and I;

1. A file concerning the current status of settlement of risk points;

1. Certificates of registration of social service providers;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 40 of the former Act on the Management of Subsidies for Criminal Facts (Amended by Act No. 14524, Jan. 4, 2017); Article 36 Subparag. 3 and Article 19(7)2 of the Act on the Use of Social Services and the Management of Vouchers; Article 347(1) of the Criminal Act

1. Commercial concurrence;