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(영문) 대구지방법원 김천지원 2018.01.23 2017고정600
영유아보육법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around January 2016, the Defendant violated the Infant Care Act (hereinafter “Child Care Act”) lent a class 3 certificate of infant care teacher to E in order to register the Defendant as a regular infant care teacher in the place of infant care in the old and previous city C childcare center located in the Gu and Si B through a self-help D.

2. No person who aids and abets any infant in violation of the Infant Care Act shall receive a subsidy by fraud or other improper means;

On January 2016, the Defendant lent the certificate of class 3 of infant care teacher to E through D, and caused the Defendant to falsely register as if the Defendant worked as a regular infant care teacher, and notified the Defendant of the passbook with the head of the Tong who received allowances, etc. and managed the above E, thereby facilitating the Defendant’s receipt of subsidies of KRW 2,300,000 in total from the Gu Si from August 2016, as shown in the list of crimes in the attached Table, from the Gu, until August 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a report on internal investigation (to be accompanied by a document submitted by a reference person), a request for cooperation in investigation (to be accompanied by administrative disposition data, etc.), a report on internal investigation (to be accompanied by additional documents to be submitted in addition to a statement of transaction of passbook A), a report on internal investigation (to be accompanied by welfare and childcare data in the old and previous viewing society), a report on investigation (to be accompanied by a statement of transaction in the name of passbook C

1. Relevant legal provisions concerning criminal facts, Article 54 (2) 1 of the Infant Care Act, Article 32 (1) of the Criminal Act, Article 54 (4) 3 of the Infant Care Act, and Article 22-2 (a) of the Infant Care Act, and selection of fines, respectively;

1. Article 32(2) and Article 55(1)3 of the Criminal Act to be legally mitigated (limited to a crime of accessories and a crime of violating the Infant Care Act due to aiding and abetting illegal receipt of subsidies);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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