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(영문) 수원지방법원 2017.06.28 2017고정727
영유아보육법위반
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 head of a nursery facility who is operating "C Child Care Center" in 202, Dong 105, Dong 202, Dong 105.

No person shall receive a subsidy or use a subsidy by fraud or other improper means.

1. From September 2016 to October 2016, the Defendant reported 5 anti-child care teacher D and 2 anti-child care teacher E as if he/she had worked as a regular teacher in the above childcare center as a part-time teacher.

As a result, the Defendant paid the total amount of KRW 2,160,000 of the subsidies for infant care teachers paid to D and E with the subsidies for each two months during the above period as a substitute for part-time childcare teachers, or received the remainder unlawfully by receiving a return by the Defendant.

2. From September 2016 to October 2016, the Defendant: (a) 5 anti-child care teacher D and 2 anti-child care teacher E are not regular teachers; (b) even though the Defendant failed to meet the standards for applying subsidies to a teacher for a teacher for a teacher for a teacher for a teacher, a teacher for a child, and a teacher for a teacher for a teacher for a part-time care from around 2016 to around 2016, the Defendant reported the Defendant to be a false one with the permissible

As a result, the Defendant received a total of KRW 3,246,720 for two months each of the child-based childcare fees from the permissible market during the above period.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of accusation officials of the F;

1. Application of the Acts and subordinate statutes on the written accusation;

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act were the first offender, and all of the instant crimes were recognized, taking into account the fact that the Defendant’s mistake is against himself/herself, and that all of the subsidies illegally received by the Defendant were returned.

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