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(영문) 서울북부지방법원 2017.05.31 2017고단1205
영유아보육법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the president of the C children's house in Seoul Special Metropolitan City, shall not receive a subsidy or use a subsidy by fraud or other improper means.

Nevertheless, the Defendant: (a) was a teacher who was employed in the instant childcare center from around November 2015 to June 2016 by the Defendant; (b) was a child who was not registered in the said childcare center from around November 2015 to around August 2016; (c) was a child who was enrolled in the said childcare center from around May 2016 to around August 2016; (d) was a child whose number of days of attendance is less than 11 days each month; and (e) was a child who was enrolled in the said childcare center from around March 2016 to around April 2016; (e) was a child for whom the number of days of attendance was less than 11 days each month, but (e) was a child for the purpose of preparing the operation expenses of the childcare center, etc., in order to have the victim’s office reported that D was a teacher, as if he was a temporary teacher, E, F, and G were falsely reported as if he was an infant.

On November 2015, the Defendant reported falsely to the Administration of the Victim Nowon-gu, as if he had worked as a teacher at the above childcare center, and around that time, received additional subsidies of KRW 170,000 for improving the working environment of teachers, KRW 40,600 for basic childcare expenses, KRW 10,000 for infant infant, KRW 200,00 for semi-operation support expenses.

The Defendant, including this, received subsidies equivalent to KRW 23,145,380 in total by the same method over 10 times from November 2015 to August 2016, 2016, as in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a report on investigation (Attachment, such as a list of crimes);

1. Relevant Article 54 (2) 1 of the Infant Care Act concerning the facts constituting an offense and Article 54 (2) 1 of the Infant Care Act (or choice of imprisonment);

1. The sentencing of Article 62(1) of the Criminal Act provides that there is no criminal record against the defendant on the grounds of the suspended sentence, taking into account the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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