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(영문) 의정부지방법원 2014.12.24 2014노1395
장애인활동지원에관한법률위반
Text

All appeals by the defendants and prosecutor against the defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C was unable to use the first-class visually disabled card on his own, and Defendant C, an assistant assistant, could not easily access the device using the device due to his age. Moreover, due to the relation where it was almost impossible for Defendant C to settle the voucher according to normal procedures because it was difficult due to Defendant C’s lack of delivery, Defendant C’s wife and Defendant B, who was employed in the welfare center where Defendant C was in charge, notified Defendant C of the total time to provide an activity support during the day, and had Defendant A provide an activity support according to the time after receiving the voucher and the device from Defendant C and notified Defendant A of the total time to provide an activity support during the day, and then paid it by returning it to the last day after his daily work.

However, regardless of the settlement time, Defendant A actually subsidized Defendant C’s activity support regardless of the settlement time, and the above time was more than the activity support time settled by the voucher, so it cannot be said that Defendant A was paid an activity support allowance by fraud or other improper means.

In addition, Defendant B and C did not know of the fact that the actual activity support time and the contact card were entered into the device prior to the occurrence of the case, although Defendant A and C did not know of the fact that the time of entry into the device was different, it cannot be deemed that Defendant B and C participated in the crime of this case.

Nevertheless, the court below found guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Each sentence (a fine of KRW 1,00,000,000) sentenced by the court below against the Defendants is too uneased and unreasonable.

2. Determination

A. The lower court duly adopted the allegation of mistake of facts (defendants).

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