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(영문) 수원지방법원 안산지원 2014.08.20 2014고정280
영유아보육법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, each of the Love Card is settled.

Reasons

Criminal facts

The defendant shall be the head of the C Apartment 212 Dong 101, Dong 101, Si interest city.

No person shall receive or divert subsidies by fraud or other improper means.

Nevertheless, the defendant was indicted by the prosecutor on August 2012 as " August 17, 2013" for the purpose of receiving the subsidy, but the "2013" is a clerical error in the "2012".

(42) Within the above child care center room, the above child care center E was not present at the above child care center from July 3, 2012 to August 14, 2012, and was registered falsely as being present at the child care integration system, and received KRW 110,580 as the basic childcare fee for August 2012 from the family care center female and the staff in charge of city interesting and viewing women and the staff in charge, to the agricultural bank account in the name of the D child care center.

Summary of Evidence

1. Defendant’s partial statement in the court (the Defendant and his defense counsel did not correspond to the subsidies, and even if they correspond to the subsidies, the Defendant did not have any intention to unlawfully receive the subsidies. However, according to each of the above evidence, the basic childcare fees are based on the number of children with the financial resources of the child care center in the immediately preceding month (hereinafter “State, etc.”).

) As long as it is recognized that money is paid to the establisher and operator of a child care center without any consideration, the basic child care fees paid to the establisher and operator of the child care center constitutes subsidies from the State or local government (see Supreme Court Decision 2013Du23423, Jun. 12, 2014). In addition, in light of the legal principle, this is deemed subsidies. Moreover, the facts recognized in paragraph 2 below, the Defendant received the basic child care fees by falsely reporting the number of children without any corrective measures even though he/she was well aware of the fact that the number of children, who were financial resources at the time of applying for the basic child care fees, appeared to be one day, and the number of children, who appeared in July 2012, who were no children at the child care center.

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