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Reasons
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(영문) 부산지방법원 동부지원 2016.05.16 2014고정1700
영유아보육법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person working as the president of “F Child Care Center”, a private private nursery facility located in 102 Dong-dong 103, Busan-gun, where D actually operated.

D around October 23, 2009, if Defendant A, the president of the F Children's House, fails to employ the following president, he/she must close the above F Child Care Center. Therefore, in order to avoid this, the Defendant proposed to “a continuous registration as the president of the F Children's House,” and the Defendant accepted the above proposal.

Around October 23, 2009, D, upon the above public invitation, filed a false report on the Defendant’s retirement from office with the Gun office of the captain (on the Gun office), but instead, registered the Defendant in the Internet Child Care Administration Support System as if the Defendant had worked in the above FF childcare center from November 2009 to March 201, 201, and received the above money from the Gun office of the captain as the basis for infant care fees (on November 1, 2009, KRW 9,360,000, KRW 1,629,000, KRW 1,4629,000, KRW 1,462,000, KRW 1,000, KRW 200, KRW 1,000, KRW 200, KRW 1,000, KRW 200, KRW 31,201, KRW 208, KRW 201, KRW 21,2005.

Accordingly, the Defendant was given subsidies in collusion with D by illegal means.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness D in the third public trial records;

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

1. A written accusation;

1. Statement of illegal receipt of and demand for supply and demand report;

1. Application of statutes on transaction details of A or D Nong Agricultural Cooperatives Accounts;

1. Relevant legal provisions and Article 54(2) of the former Infant Education Act (amended by Act No. 10012, Feb. 4, 2010; hereinafter collectively referred to as the “former Infant Education Act”) regarding criminal facts

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (the instant case due to negligence in managing the Defendant) of the suspended sentence.

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