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(영문) 창원지방법원 2017.01.24 2016고정1039
영유아보육법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 700,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. From April 2014 to the present date, Defendant A is the representative of 'D childcare center' and the head of 'D childcare center' in 504 Dong 103, Kimhae-si from April 2014.

(a) No nursery teacher who lends his/her license for infant care teachers shall allow any third person to perform the duties of infant care teachers, using his/her name or the name of the nursery school, nor lend his/her license or

The Defendant was registered as a child care teacher and borrowed the certificate of a child care teacher after obtaining the certificate of qualification from B, while the Defendant was registered as a child care teacher in Kim Sea, in spite of the fact that B had been normally employed as a child care teacher at the above child care center during July 2016, in order to enable E to work as a child care teacher in the above child care center from the beginning of July 2016.

(b) No operator or operator of nursery facilities, such as false registration of infant care teachers, shall receive or divert subsidies from the State, metropolitan organizations, or local governments by fraud or other improper means;

Nevertheless, during the period of July 2016, the Defendant: (a) registered B as a childcare teacher even though B, who is qualified as a childcare teacher, was not working normally as a childcare teacher; and (b) falsely registered B as a childcare teacher, and (c) received subsidies by transfer of KRW 770,000,000 from Kim Sea to the account in the name of D childcare center for the above period from Kim Sea to the account in the name of D childcare center.

2. No defendant B shall allow any third person to perform duties of a child care teacher, who is the head of the above child care center, nor a child care teacher, who is a child care teacher, using his/her name or the name of the child care center, or lend his/her certificate

Nevertheless, the defendant's facts during July 2016 are true.

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