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(영문) 부산지방법원 2018.09.19 2018노1998
영유아보육법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant B merely received hospital treatment due to aggravation of health, and continued to work in the child care center of this case. Defendant C merely assisted Defendant B’s work, which cannot be deemed as lending in its name. Defendant A’s receipt of subsidies, etc. cannot be deemed as unjust.

B. The sentence of the lower court against the illegal Defendants (the sentence of a fine of KRW 2 million, Defendant B, and Defendant C: each of the fines of KRW 500,000) is too heavy.

2. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, Defendant C obtained the Defendant B’s license and served in the child care center of this case. Nevertheless, Defendant A is recognized as having received subsidies by making a false registration as if Defendant B continued to serve.

Defendant

A prepared a written confirmation to the public official of the Busan District Office after conducting on-site inspection of the child care center of this case, stating that “the public official of the Busan District Office (Defendant B) received subsidies by false registration of the retired infant care teacher (Defendant C) and employed an unqualified infant care teacher (Defendant C).” (Evidence Nos. 11 through 13). Defendant B, C, and Defendant B were actually working until November 2016, and Defendant C, a disqualified person, borrowed Defendant B’s license and actually worked at the child care center of this case, and Defendant B was working at the child care center of this case.” (Evidence Nos. 14-16 of the evidence record). The statement made by the Defendants to the investigation agency of the above written confirmation also conforms to the contents of the above written confirmation (Evidence No. 20-22, 35 of the evidence record). However, when examining the contents and preparation of the above written confirmation, it cannot be viewed that the Defendants signed the documents prepared by the public official in charge, etc.

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