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(영문) 대구지방법원 경주지원 2014.07.23 2013고정308
사기등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The principal shall be the director of C Child Care Center who is a private nursery.

No person who operates a child-care center shall receive a subsidy or use a subsidy by fraud or other improper means.

Nevertheless, during the period from August 2012 to October 2010 of the same year, the Defendant received the amount equivalent to KRW 1,902,520 of the national subsidy paid to the proprietor of the establishment of the infant and child care center by falsely registering the child E residing in a foreign country in the C Child Care Center located in Young-si D in the “Child Care Information Integration System” and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The written statement of the defendant;

1. The summary of the case, the summary of the case, the statement of calculation of basic childcare fees, the certificate of entry into and departure from Korea, the certificate of confirmation (defendants), the certificate of report on child care facilities, the investigation report (Attachment to the detailed statement related to the payment of infant care fees), the statement of infant care fees, the investigation report (Attachment to the relevant Acts and subordinate statutes), the abstract of the Acts and subordinate statutes

1. Article 347 (1) of the Criminal Act, Article 40 of the Subsidy Management Act, Article 54 (2) of the Infant Care Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment prescribed for a violation of the Subsidy Management Act and a violation of the Infant Care Act and a punishment prescribed for a violation of the Infant Care Act of heavier subsidies);

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment determined for a violation of the Act on the Management of Subsidies which is heavier Than Punishment);

1. A fine of two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. The suspension of sentence is against the crime of Article 59(1) of the Criminal Act and against the child who is in the existing source of financial resources other than active and false registration.

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