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(영문) 서울동부지방법원 2018.08.30 2018고단1333
횡령등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 12, 2011 to September 30, 2017, the Defendant is a person who operates infant-care facilities under the trade name of Seongdong-gu Seoul Metropolitan Government Apartment and D Child Care Center in 107 Dong 104.

1. He/she shall not receive or allow any other person to receive childcare fees from the State or a local government for infants by fraud or other improper means in violation of the Infant Care Act;

Nevertheless, the Defendant, despite the fact that, in the case of an infant with financial resources, if the number of monthly attendance is 1 to 5, 25% of the monthly childcare fee unit, 6 to 10% of the monthly childcare fee unit, 50% of the monthly childcare fee unit, and 11 to 11% of the monthly childcare fee unit, had the parents of the relevant infant receive 10% of the total childcare fee unit by falsely preparing a attendance book as if the number of monthly attendance does not reach at least 11 days or if the number of monthly attendance is at least 11 days, and submitting it to the competent authorities.

Although the number of monthly childcare days from March 4, 2016 to February 11, 2017, the Defendant: (a) prepared a false record of attendance as if the above E had attended the childcare center at least 11 days from that city to February 2, 2017; and (b) submitted it to the head of Sungdong, the Defendant: (c) had F, who was the mother of the above E receive government childcare subsidies of KRW 9,742,370; and (d) had young children G, who was financed from January 2015 to February 10, 2017, attended the childcare center only until February 10, 2017, was 11 days after having attended the childcare center, and (d) had the head of the Gu to receive childcare subsidies of KRW 30,00 after preparing a false record of attendance at the childcare center; and (e) had 30,000,000,000 from that day to February 11, 2017.

Ultimately, the Defendant, as seen above, had F and H receive a total of 10,055 childcare fees by fraud or other improper means on two occasions.

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