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(영문) 서울남부지방법원 2017.02.09 2016고단4787
영유아보육법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the president of the “C Child Care Center” in Yangcheon-gu Seoul Metropolitan Government.

In principle, the working hours of infant care teachers in charge of half of the child care center shall be eight hours a day, and in the case of assistant teachers, only one personnel expenses for each child care center shall be subsidized, and in order to receive basic infant care fees and treatment improvement expenses, the standards for placement of infant care teachers prescribed by the Act shall be complied with. However, even though the defendant employed D as infant care teachers of the above child care center around September 2014, he/she had D work for six hours a day from 10:00 p.m. to 17:00 p.m. per day (excluding occupancy hours) after accessing the integrated infant care system and allowed D to work as infant care teachers of the above child care center, and received personnel expenses and basic infant care expenses, 1,389,910 p.m. from that date to February 2016 (excluding those granted from March 2, 2015 to February 3 to 2016).

4. A subsidy was granted in a false or other unlawful manner upon obtaining the total of 26,069,69,690 won for personnel expenses, basic childcare expenses, and improvement in treatment, as shown in the list of offenses listed in the annex.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against E;

1. Each police statement made with respect to E, F, and D;

1. Each certification of G, H, D, F, and I;

1. A written accusation;

1. Details of financial transactions;

1. Investigation reports (verification of details of subsidies);

1. Application of the Acts and subordinate statutes on investigation reports (additional hearing of statements by a person in charge of the Yangcheon-gu Office);

1. Article 54 (2) 1 of the Infant Care Act applicable to the relevant criminal facts and Article 54 (2) 1 of the Infant Care Act (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant's employee who failed to meet the requirements of the defendant's fenced teacher in the sentencing of Article 62(1) of the Criminal Act received the subsidy by filing a false claim for the subsidy, and that the amount reaches 26 million won.

However, it appears that the defendant has led to confession and reflect.

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