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(영문) 춘천지방법원 2017.09.20 2017고단251
사회서비스이용및이용권관리에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 26, 2013, the Defendant is the representative of the C (State) that is registered as a social service provider for dancing sports for the elderly from February 26, 2013.

No social service provider shall commit an act of claiming expenses incurred in providing social services to beneficiaries without providing beneficiaries with social services.

Nevertheless, it is evident that the Defendant, from January 2016 to September 2016, it was erroneous in the sum of the unlawful settlement amounts of each month of the monthly settlement on the list of crimes listed in the separate sheet of crime in the annexed sheet of crime, inasmuch as it is evident that the Defendant, in the office of the Dispute Resolution Co., Ltd., the social service beneficiary, was present at the meeting on the record of provision, and E, a social service beneficiary, was present at the meeting on January 27, 2016, claiming for social service provision costs as if he did not appear at the office of the Dispute Resolution Co., Ltd., and was paid KRW 9,200, in the same manner. Therefore, this is excluded.

As seen above, 315 social service users, such as E, claimed for the cost of providing social services, and received KRW 57,950,800 as if they were present at 6,299.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of the F (each net 3,16);

1. Application of Acts and subordinate statutes, such as a written accusation, a written confirmation (4) at the Chuncheon market, a statement of confirmation (4 times a year), a written confirmation of provision of a service, a written confirmation of medical records, (G), a attendance book, a social service voucher photograph, a person himself/herself charge receipt, an investigation report (a document attached to a suspect's illegal approval), a guidance for investment in community services, a criminal investigation report (a document attached to a crime list) in 2016, a criminal investigation report (a document arranged as a settlement date), a criminal investigation report (a document attached to a document arranged as a settlement date); and

1. The punishment provided for in subparagraph 3 of Article 36 and Article 19 (7) 1 of the Act on the Use of Social Services and the Management of Vouchers for criminal facts, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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