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(영문) 대전지방법원 천안지원 2014.07.11 2014고정4
영유아보육법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is the director who operates childcare facilities under the trade name of "E Child Care Center" in Seocheon-gu, Seocheon-gu, and F is the person who has obtained the certificate of qualification of class 3 infant care teacher between the defendant and his/her own branch.

1. The head of nursery facilities or infant care teachers shall not allow any other person to perform the duties of the head of nursery facilities or infant care teachers using his name or the name of the nursery facilities, nor shall they lend or receive a certificate of qualification;

Nevertheless, on November 2008, the defendant obtained a certificate of infant care from F and reported the appointment and dismissal of a person working for infant care facilities to the Incheon-gu Office, Incheon-gu, the competent administrative agency, and was working as a child care teacher.

2. It shall not obtain a subsidy or appropriate a subsidy by fraud or other improper means;

Nevertheless, the Defendant, in the manner described in paragraph (1), filed a false report on appointment and dismissal with F’s license as a childcare teacher, and subsequently, received the amount of KRW 8,304,00,00, including basic childcare fees, from April 201 to February 201.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. A copy of G certification;

1. A detailed statement of payment of national subsidies;

1. Application of Acts and subordinate statutes, such as reporting on appointment and dismissal of employees of nursery facilities;

1. Relevant legal provisions concerning criminal facts, Article 54(2)3 of the Infant Care Act (amended by Act No. 9165 of Dec. 19, 2008), the former Infant Care Act (amended by Act No. 9165 of Dec. 19, 2008), Article 54(1) of the former Infant Care Act (amended by Act No. 9165 of Dec. 19, 2008), the selection of fines, etc.

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the penalty heavier than that provided for in the crime of violating the Infant Care Act due to improper receipt of subsidies);

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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