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(영문) 부산지방법원 서부지원 2017.12.14 2017고단1267
영유아보육법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 13, 2001 to August 31, 201, the Defendant operated the “C” located in Busan Sagu B.

No person shall receive a subsidy or use a subsidy by fraud or other improper means.

Nevertheless, on October 25, 2012, the Defendant entices a public official in charge of the victim so-gu office by filing a false registration with the childcare integration system and submitting relevant documents, while the Defendant worked as the above childcare teacher at around 18:00 to 21:30, while the Defendant worked as the above childcare teacher at around 18:00, from around 18:00 to June 20, 2017, the Defendant received 1,00,000,000 won as subsidies from the victim, Busan City, and the Gu office (the rate of subsidies: 60%, 28%, 12%, and 12%, as stated in the attached list of crimes, from around 18:0 to June 20, 2017, and received the subsidies of KRW 1,007,816,90 in total from around 45 hours, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement report on E, F, G, H, I, J, K, D, or L;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 54 (2) 1 of the Infant Care Act concerning the facts constituting an offense and Article 54 (2) 1 of the Infant Care Act (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is long, and the amount of illegal subsidies should be punished strictly.

However, considering the facts that there is no criminal record against the defendant, and the fact that the subsidies acquired through deception were fully returned, the court decides to suspend the execution of the punishment by taking into account the defendant's age, sex, environment, motive and means of the crime, the consequences and results of the crime, and other various sentencing conditions as shown in the argument of this case, such as the circumstances after the crime.

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