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(영문) 대구지방법원 2014.10.29 2014고정1178
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the director of the "E Child Care Center" located in Do in Gyeongsan-si and takes charge of the affairs of the child care center and guide and supervise infant care teachers and other employees and nurture infants.

The Defendant, while retired from the above childcare center, was unable to seek a new infant care teacher qualified as the above childcare center, had already been able to obtain a subsidy by falsely registering as if the above retired infant care teacher were in office.

On November 2012, the Defendant entered F, a person who is already qualified as a childcare teacher, into the childcare integrated information system on August 31, 2012, as if he/she had been on duty, and falsely entered it into the childcare integrated information system, and filed a claim for subsidies, such as basic childcare fees and improvement of treatment, and received subsidies, such as basic childcare fees, from the public official in charge of light-time viewing and viewing.

From November 2012 to October 2013, the Defendant received subsidies of KRW 12,190,680 in total over 12 times, as described in the attached Table of Crimes, by unlawful means, as seen above, between November 201 and October 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect against F and G;

1. The legal statement of the witness H and I;

1. Application of Acts and subordinate statutes to accusations, detailed details, basic infant care fees, infant care support teams, copies of the details of transactions, investigation reports (referring to correction of the amount of illegal receipt of subsidies);

1. Article 54(2) of the former Infant Care Act (amended by Act No. 12619, May 20, 2014); Article 347(1) of the Criminal Act on criminal facts

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments provided for in more severe frauds than each of the above crimes, and punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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