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(영문) 수원지방법원 안산지원 2015.01.27 2014고단1759
영유아보육법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A shall be the representative of E Child Care Center in Si interest-si D, and the principal of the above Child Care Center in Defendant B.

1. No person who violates the Infant Care Act in relation to the basic infant care fees shall receive or divert a subsidy by fraud or other improper means;

Notwithstanding the fact that F, a child of the above child care center, was staying in a foreign country from October 9, 2009 to December 3, 2009 and did not have been present at the above child care center, the Defendants, on November 12, 2009, entered the childcare integration system within the above child care center into the above child care center as if F had appeared normally from October 9, 2009 to December 3, 2009, and then let Si interesting women and the staff in charge deposit KRW 112,00,000 for the above child into the Agricultural Cooperative of the above child care center.

As a result, the Defendants conspired to receive subsidies in a false manner.

2. No person who violates the Infant Care Act in relation to infant care fees shall receive any subsidy for expenses for free infant care or allow any other person to receive such subsidy by fraud or other improper means;

Notwithstanding the fact that F, a child of the above childcare center, was staying in a foreign country from October 9, 2009 to December 3, 2009 and did not have been present at the above childcare center, the Defendants cannot claim childcare fees due to the lack of attendance at the above childcare center. However, the Defendants, in collusion with the above F’s parents on December 3, 2009 (see, e.g., Supreme Court Decision 2009Da1240, Oct. 9, 2009) and completed the childcare integration system in the above childcare center room in collusion with the above F’s parents on December 23, 2009 (see, e.g., Supreme Court Decision 2009Da1240, Oct. 3, 2009). As such, the Defendants falsely entered the childcare center in the above integrated childcare system in the form of an exception payment, and filed a claim for childcare fees in the form of an ordinary payment from October 17, 2009.

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