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(영문) 광주지방법원 2018.08.16 2017고정1049
영유아보육법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is a person who operates ‘‘(C’ in the Gwangju Mine-gu.

No subsidy shall be granted by fraud or other improper means.

Nevertheless, the Defendant:

1. falsely registering D, which is a special activity teacher of the above “C” from June 2015 to February 2016, thereby denying receipt of KRW 4,074,340 as shown in the table of sight;

2. From March 2015 to February 2016, E falsely registers as a temporary teacher in spite of its general affairs from March 2015 to February 2016, and fraudulently receives KRW 12,712,120 as shown in the table of sight;

3. F and G entered into an employment contract with a total working hours of 9:00 p.m. to 3:0 p.m., less than 8 hours of infant care teachers, and even if the appointment and dismissal was not reported to local governments, H and G entered false registration as if he had worked as a part-time teacher during 8 hours from January 2015 to February 2016, thereby denying F from receiving KRW 14,803,300, and KRW 16,800,000 for G as in the list of crimes.

Accordingly, the Defendant received 48,389,760 won in total by falsely registering in the local self-computer network as above.

Summary of Evidence

1. Partial statement of the defendant (the seventh trial date);

1. Statement made by the witness I in the fifth public trial records;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police to J;

1. An investigation report (related to attaching a table of illegal supply and demand);

1. Working contract (No. 7,8) 2015, respectively, of G and F (a copy of evidence list);

1. Application of Acts and subordinate statutes to the benefit ledger;

1. Relevant Article 54 of the Infant Care Act and Article 54 (2) 1 of the Infant Care Act and selection of fines for criminal facts;

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

1. Determination on the part concerning F and G between the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the payment requirement of basic childcare fees, etc.

(a) Article 36 of the Infant Care Act provides “The State.”

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