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(영문) 의정부지방법원 고양지원 2018.01.18 2017고정1092
영유아보육법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the president of the “D Child Care Center” (hereinafter “Child Care Center”) located in Gyeyang-gu, Gyeyang-gu, Seoul and 613 Dong 102 (hereinafter “D Child Care Center”), and E is the child care teacher of the instant Child Care Center.

No person shall receive any subsidy under the Infant Care Act or use any subsidy by fraud or other improper means.

Nevertheless, the Defendant and E, even though they had only retired from the childcare center from June 2015 to have retired from the childcare center of this case, did not have any actual work at the childcare center of this case thereafter, the Defendant and E, without making a report on the dismissal of the childcare center of this case to the competent administrative agency in charge of the payment of subsidies (Seoul-gu Office) and, as if they continued to work at the childcare center of this case as infant care teachers, solicited to receive subsidies from the competent administrative agency to receive infant care teachers in the name of support from the childcare center of this case. Accordingly, from June 2015 to December 2015, the Defendant and E, in collusion, received subsidies from the childcare center of this case 370,000 won per month and from August 2015 to December 7, 2015 to receive subsidies from the childcare center of this case 510,000 won per month and from December 16, 2015 to December 70, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Statement made by the police with regard to F;

1. A written accusation;

1. Application of Acts and subordinate statutes verifying the details of transactions of subscription to and withdrawal from corporate banks in 2015, and the details of receipt of subsidies in 2015;

1. Article 54 (2) 1 of the Infant Care Act, Article 30 of the Criminal Act, and the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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