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(영문) 창원지방법원 2015.09.09 2015노1023
영유아보육법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is as follows: (a) D (Is, 2 years of age at the time, 100 days in December 2012; and (b) 50 days in January 2013, 200 and 11 days in attendance at a child care center (hereinafter “child care center of this case”); and (c) D’s parents were unlawfully supported by the payment of the full amount of free child care fees exceeding the actual attendance days; and (d) the Defendant intentionally did not allow D’s parents to receive free child care fees on account of the negligence that the teacher in charge failed to correct the number of attendance days after entering the number of attendance days in advance; and (e) the Defendant intentionally did not cause D’s parents to receive free child care fees.

Therefore, the Defendant did not commit the instant violation of the Infant Care Act and fraud, and did not intend to commit it.

2. Determination

A. The facts charged in the instant case (violation of Infant Care Act and fraud) are those running C Child Care Centers.

No person shall receive childcare subsidies from the State and local governments or have any other person receive childcare subsidies by fraud or other improper means.

If a child under 2 years of age who is financial resources of a child care center attended by only 6-10 days in one month, 143,000 won, which is 50% of the basic infant care fee, and 71,500 won, which is 25% if he/she attended by only 1-50 days in one month. The fact is that the "C Child care Center operated by the Defendant" was 10 days in December 2012, and 50 days in January 2013, the Defendant is willing to report the false attendance at the time when he/she was a child care fee support agency, which is the victim, to receive the full amount of the basic infant care fee from the Republic of Korea, the Gyeongnam-do, and the Si, so that the parents of the above D can receive the child care fee.

1. On December 2012, 201, the “integrated childcare system”, which is a website on which an application for childcare fees can be filed using a computer, at the office of the Defendant’s child-care center in Si-si.

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