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Reasons
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(영문) 수원지방법원 안산지원 2013.07.25 2013고정731
영유아보육법위반
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the head and representative of the "E Child Care Center" in Ansan-si C, 902-101(D apartment).

1. The Defendant filed an application with the Government for subsidies with the purport that the F (G birth) of the said E Child Care Center was present from July 2012 to November 11 of the same year.

However, there was no fact that child F was present in the E-child care center during the above period.

The Defendant applied for subsidies by unlawful means as above and received KRW 115,00 from the Government for five months each five months under the basic childcare fee of F.

2. The Defendant applied for subsidies to the Government from September 2012 to October 11 of the same year that childcare children H and I (the birth of each J) of the E childcare center had attended from September 2012 to October 201 of the same year.

However, in fact, child H, I, etc. were present on September 8 and on October 7.

The Defendant applied for the full amount of subsidies (at least 11 days of attendance) by unlawful means as above, and received 3,020,000 won for two months each from the Government as H and I childcare fees, and 3,61,000 won for two months each from the base childcare fees, respectively, and received 1,510,000 won for 50% of the amount.

As a result, the Defendant received a total of KRW 2,085,00 subsidies by fraud or other improper means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, M, and N;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Application of Acts and subordinate statutes (No. 8 No. 1 of the evidence list);

1. Relevant Article 54 (2) of the Infant Care Act and Article 54 (2) of the Infant Care Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more of the cost of lawsuit;

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