Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is the head of the F Child Care Center located in Asan-si E, and Defendant B is the office assistant of the above child care center.
The Defendants offered subsidies, such as the cost of improving the treatment of infant care teachers, to Defendant B, from March 2014 to February 2015, even though Defendant B had worked as an administrative assistant in the above childcare center, and had not worked as the pertinent period of infant care teachers, to the integrated information system managed by the Government for infant care, including false infant care teachers, and to the basic infant care fees and Do expenses paid to the above childcare center by the National Treasury.
On March 3, 2013, the Defendants entered Defendant B as if they were the child care teachers of the above child care center by accessing the above child care integration system at the above child care center office, and received subsidies of KRW 6,79,000 in total, including KRW 3,249,000 and KRW 3,550,000 from around that time to February 2015.
Accordingly, the Defendants conspired to receive subsidies by fraud or other improper means.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Legal statement of witness G;
1. A statement of the F Child Care Center requested by the police officer of H concerning the F Child Care Center;
1. Statement of a investigation report (at the time of the second visit in order to secureCCTV data);
1. Each description of the materials and a written statement concerning the amount of illegal receipt and demand set forth in the questionnaire and B;
1. Application of the video statutes of evidence video CDs;
1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Article 54(2) of the former Infant Care Act (amended by Act No. 13321, May 18, 2015); Article 30 of the Criminal Act (integrated: Selection of fines)
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Reasons for conviction under Article 334(1) of the Criminal Procedure Act
1. The Defendants’ determination as to whether to recognize the facts charged may fill a vacancy in the Defendant B’s childcare center.