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(영문) 창원지방법원 2017.03.22 2016고단4076
영유아보육법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No defendant shall obtain a subsidy or use a subsidy by fraud or other improper means to the head of a child care center D, or by using it for any other wrongful means.

Nevertheless, around January 16, 2015, at D Child Care Center located in Kimhae-si, Kimhae-si, submitted a resignation statement on January 19, 2015 in the process of confirming facts due to the internal accusation against child abuse by F of infant care teachers, and the said F was voluntarily granted eight days (excluding Saturdays and day) from January 19, 2015 to January 28, 2015, and then treated the number of working days as if he/she retired on January 31, 2015, as if he/she were to retire, thereby treating the number of working days as if he/she were to retire on January 31, 2015, and received 670,586 won out of the labor expense subsidy of F corresponding to the said special leave period by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 54(2) of the Infant Care Act and Article 54(2) of the former Infant Care Act (Amended by Act No. 13321, May 18, 2015) (Punishment) for criminal facts;

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

1. The suspended sentence under Article 59 (1) of the Criminal Act: The suspended sentence of a fine of 80,000 won (one million won per day converted): The sentence of a fine of 1 million won: The grounds for suspended sentence (amount to 800,000 won): The confession, the first crime, the criminal intent, the unclaimed child care center, the number of days during which the Defendant’s reward may be given (seven days) and the remaining days (two days) of the F’s remaining days:

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