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(영문) 대구지방법원 포항지원 2016.09.28 2015고정403
영유아보육법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates child care facilities under the trade name of "F Child Care Center" in Nam-gu, South-gu, and Defendant B is a person who works for the above child care center as infant care teacher from September 1, 2014.

1. Although Defendant A was not granted a subsidy by fraud or other improper means, Defendant A filed a false report on appointment and dismissal of Defendant A as an infant care teacher on July 1, 2014 to August 1, 2014 as if Defendant A had been employed as a full-time childcare teacher at the above child care center, Defendant A filed a false report on appointment and dismissal of Defendant A as an employee of the child care center at the port where he/she was a competent administrative agency, and subsequently, Defendant A received 1,083,000 won for the basic infant care fee for August 12, 2014 on September 1, 2014, with respect to the basic infant care fee for the seven-month period.

2. As described in paragraph (1), Defendant B had a certificate of child care teacher qualification issued to Defendant A and had not worked as the above child care teacher during the period from July 25, 2014 to August 2014, Defendant B received unjustly KRW 50,000 on July 25, 2014 under the name of the teacher for child care center in transit through the government-unaffiliated support evaluation certification issued by the head of the competent authority from Port Port, as if he/she had worked as a child care teacher even though he/she had not worked as the above child care teacher at all times during the period from July 150, 2014, under the name of the teacher for child care.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. Part of the protocol concerning the interrogation of the suspect against the defendant B;

1. Each police statement made to H, G, J, and I;

1. Verifying students' programs and attendance;

1. Application of investigation reports (verification of details of passbook transactions, etc.) Acts and subordinate statutes;

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: the former Infant Care Act (Law No. 1318, May 18, 2015).

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