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(영문) 인천지방법원 2019.01.17 2018고정1536
사회복지사업법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative director of the Social Welfare Foundation C located in Dong-gu Incheon Metropolitan City.

The head of the Gu shall guide and supervise the affairs under the jurisdiction of persons who operate social welfare programs, and may, if necessary, order them to report or submit related documents concerning such affairs, and in such cases, he/she shall not report or submit false data, or shall not report or submit false data.

Nevertheless, in order to guide and supervise a social welfare foundation’s fundamental property management, the Defendant failed to submit relevant documents without justifiable grounds, such as refusing to comply with the submission of materials on the current status of debt of the said “C” on eight occasions from December 23, 2016 to October 17, 2017, although the head of Incheon Dong-gu continuously ordered the submission of materials on the current status of debt of the said “C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes of a written statement (including attached documents, Nos. 4 through 34);

1. Article 54 Subparag. 7 and Article 51(1) of the former Social Welfare Act (amended by Act No. 14923, Oct. 24, 2017); the choice of fines for criminal facts;

1. Articles 70 (1) 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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