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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 15,00,000 won, and a fine of 5,00,000 won, respectively.
Reasons
1. Summary of grounds for appeal;
A. The fact that the “E Child Care Center” operated by Defendant A of mistake of fact (hereinafter “Child Care Center in this case”) received KRW 2.6 million of operating expenses for extension of time from the Jung-gu Office in Ansan-si, Ansan-si, but there was another infant care teacher except Defendant B, and thus, there was a need to receive operating expenses for extension of time.
Therefore, the court below found the Defendants guilty on the ground that the Defendants conspired to receive subsidies by fraud or other improper means because they could not be deemed to have received subsidies through the instant childcare center, thereby violating the Infant Care Act. Thus, the court below erred by misapprehending the legal principles on the part of the Defendants.
B. The lower court’s sentence against the Defendants (the Defendant A: 2 years of suspended sentence in October; Defendant B’s suspended sentence in June) is too unreasonable.
2. Determination:
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the lower court as to the assertion of mistake of facts, the conditions for the payment of operating expenses for extended hours are 20,000 won per month to the relevant child-care center, which is provided for personnel expenses for the relevant child-care center. From July 2012 to July 2013, the child-care center in the instant case, excluding Defendant B, either a part-time childcare teacher or a part-time general infant care teacher, or a part-time general infant care teacher is provided for extension of hours to the child-care center, or a part-time general infant care teacher is provided for extension of hours to the child-care center.
According to the above facts, the child-care center of this case is eligible to receive personnel expenses, and the conditions for the payment of extended operation expenses are met. Thus, the act of registering the child-care center in the child-care integration system as if the Defendants conspired to employ Defendant B as a part-time infant care teacher.