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(영문) 대전지방법원 2016.04.14 2016고정183
영유아보육법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was the head of Daejeon Seo-gu, Seo-gu, 210 Dong 103, who operated the “E Child Care Center.”

No subsidy shall be granted by fraud or other improper means.

However, the Defendant employed part-time childcare teachers who cannot receive childcare allowances, such as improvement expenses for treatment, which are paid only to general childcare teachers (school teachers who work from 09:0 to 18:00), and planned to receive subsidies by filing an application for childcare allowances, etc. with the childcare information integration system managed by the welfare department.

At the beginning of each month, the Defendant applied for national subsidies, such as basic childcare fees, from the operation of the above child care center, to the child care information integration system, and the fact is from December 2, 2013 to February 28, 2014, and from April 14, 2014.

6. Although F, who had been employed as infant care teachers until October 30, 201, worked half-yearly (4 hours: 09: 00 to 13:00), the above system had applied for subsidies as if he worked for all regular working hours, and had registered G and H as a regular teacher in the same way, and applied for subsidies such as infant care teacher’s allowance, etc., by deceiving a public official in charge of the name in the name of the Seo-gu Daejeon District Office from October 2013 to July 2014, and was granted KRW 14,750,000 as an infant care teacher’s allowance for 18 times as shown in attached Table 1 to the Seo-gu Daejeon Metropolitan City Office from October 2013 to July 2014, and received KRW 287,740 as basic infant care allowance for nine times as shown in attached Table 2.

As a result, the Defendant received subsidies by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to F, H and G;

1. Relevant legal provisions and Article 54 (2) 1 of the Infant Care Act (elective selection of a punishment) of the Enforcement Decree of the Infant Care Act for criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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