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(영문) 의정부지방법원 2015.01.22 2014고정1751
영유아보육법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the director of C Child Care Center, D, and E are those who have obtained a certificate of infant care teacher.

No person shall receive a subsidy or use a subsidy by fraud or other improper means, and shall allow any third person to perform the duties of the head of a nursery facility or an infant care teacher by using his/her name or the name of the nursery facility, or borrow a certificate of qualification.

A. From April 2013 to September 201 of the same year, the Defendant: (a) filed a false application for extended childcare fees, basic childcare fees, and card childcare fees as shown in the attached Table 1 and 2, such as falsely registered in the childcare integration system and receiving subsidies, as if he/she were to take care of the F apartment 701 Dong 101 and 101 C childcare center in Yangju-si; (b) from around April 2013 to around September 2013, the Defendant denied subsidies equivalent to KRW 15,483,530 in total by receiving reimbursement of childcare teachers D and E’s working environment improvement expenses, transportation improvement expenses, and treatment improvement expenses, as shown in the attached Table 3; and (c) subsequently, the Defendant received a false application for childcare with subsidies.

B. (1) The above A from April 1, 2013 to June 30, 2013.

In the same place as Paragraph (1), the infant care teacher qualification is leased from E and falsely registered in the infant care integration system. (2) From August 1, 2013 to October 30, 2013

The above, at the same place as Paragraph (a), obtained a certificate of infant care teacher from D and falsely registered as infant care teacher in the infant care integration system.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Each police statement made to I, D, and E;

1. Application of Acts and subordinate statutes to a charge, a report on investigation (No. 135, No. 139, No. 153 of investigation records);

1. Relevant statutory provisions for criminal facts, Articles 54 (2) (the point of illegal receipt of subsidies), 54 (3) 3, and 22-2 (the point of lending each certificate of qualification) of the Infant Care Act, and the selection of each fine concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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