Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

Although the Defendant was the head of the “D Child Care Center” located in Changwon-si, Changwon-si C, and was not granted a subsidy or used a subsidy by fraud or other improper means, the Defendant used the total amount of KRW 3,149,728 for private use over 17 times in total, such as the basic infant care fees, labor cost subsidies, social course operation expenses, and work environment improvement expenses paid to the said Child Care Center from January 10, 2012 to June 27, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes on request for investigation, details of disbursement of subsidies, and details of transactions in Gyeongnam Bank;

1. Relevant Article 54 (2) of the Infant Care Act and Article 54 (2) of the Infant Care Act (Consideration of fines and Consideration of useful amount of subsidies, etc.);

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the defendant's basic childcare fees, personnel expenses, social course operation expenses, and working environment improvement expenses, which are personally useful for himself, are combined with the defendant's general funds, and the amount used by the defendant is not useful since it constitutes the defendant's general funds.

2. If a national subsidy governed by the Act on the Budgeting and Management of the market-type subsidy deposited in the account of a person eligible for the grant of a subsidy so that it becomes impossible to specify the amount deposited in the account as a result of being mixed with the general fund, it is difficult to deem that the national subsidy was used for any other purpose even if it was used

However, the revised facts charged are when comparing the balance of the Gyeongnam Bank immediately before and after the deposit of basic childcare fees, etc. to the account of Gyeongnam Bank (see, e.g., Supreme Court Decisions 2010Do8648, Feb. 24, 2011; 2009Do8769, Mar. 25, 2010).