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(영문) 울산지방법원 2015.05.12 2014고정1365
사회서비스이용및이용권관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a caregiver employed by the Ulsan-gu Social Welfare Foundation's Welfare Support Service Center for the Aged in Ulsan-gu 163, Ulsan-gu, and is a social service provider who directly visits homes of social service users, such as national basic livelihood recipients, to provide cleaning, bathing, etc. and receives a national subsidy of KRW 9,500 per hour. The defendant social welfare foundation is an employee of the above A.

No social service provider shall claim expenses incurred in providing social services without providing social services.

Around January 3, 2013, the Defendant claimed that C, D, and E, a social service beneficiary, provided the service cost of KRW 27,600,00 for 123 times in total from around that time to October 25, 2013, as shown in the attached crime list, as if he had provided the service for 3 hours as if he had not provided the care service for the elderly to C, a social service beneficiary, for a total of KRW 4,156,40,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the examination of witness F and G;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 36 of the Act on the Use of Social Services and the Management of Vouchers for Criminal Facts and the Selection of fines, respectively, under subparagraph 3 of Article 36 and Article 19 (7) 1 of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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