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(영문) 부산지방법원 2018.05.24 2017고정1611
영유아보육법위반
Text

Defendant

A shall be punished by a fine of two million won.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is a person who operates H in Busan-gu G.

No establisher or operator of nursery facilities shall receive or divert subsidies by fraud or other improper means.

Nevertheless, the defendant has worked as a nursery teacher at the above childcare center.

B Although a non-qualified C was actually working from around December 2016 without performing his/her duties on behalf of B, it was falsely registered as if he/she continued to work as an infant care teacher without removing B from his/her office, and it was granted subsidies by false or other unlawful means, including the sum of KRW 2,980,000, working environment improvement expenses, KRW 300,000, and the sum of KRW 2,980,000,000, and the sum of KRW 1,980,000,000, from December 2, 2016 to January 2017.

2. No child care teacher of defendant B shall allow any other person to perform the duties of the child care teacher in his/her name nor lend his/her certificate of qualification to any other person;

Nevertheless, from December 2, 2016 to February 2, 2017, the Defendant leased the certificate of qualifications for infant care teachers by using the name of the Defendant to C who did not have the certificate of qualifications for infant care teachers but did not actually work as two-half infant care teachers in the above child care center.

3. No child care teacher of the defendant C shall allow any other person to perform the duties of the child care teacher in his/her name or lend his/her certificate of qualification to any other person, and no person shall become the other party thereto;

Nevertheless, during the period from December 2, 2016 to February 2, 2017, the Defendant was performing the duties of two half-school childcare teachers using the above name of the above B, even though he did not have a childcare teacher qualification in the above child care center, and became the other party.

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