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(영문) 전주지방법원 2015.12.09 2015고정212
영유아보육법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant shall be the head of the Gu who operates the D Child Care Center in Geumcheon-gu Seoul Metropolitan City.

No person shall receive or appropriate a subsidy for the establishment of child care centers, personnel expenses of infant care teachers, infant care fees, operating expenses, etc. by social welfare corporations by the State or local governments under Article 36 (Subsidy for Expenses) of the Infant Care Act by fraud or other improper means.

On September 25, 2013, the Defendant was falsely registered in the Child Care Integration System as a regular infant care teacher (8 hours a day, 09:00 - 15:00 - 17:00) even though he worked as a part-time teacher (work hours) in the above D Child Care Center, and was paid KRW 100,000 as a part-time care teacher (work hours a day, 09:00 - 17:00) on September 25, 2013.

In addition, the Defendant had received subsidies of KRW 4,451,580 in total from around March 11, 2014, by falsely registering as if three teachers of E, F, and G were regular childcare teachers, as shown in the attached list of crimes, from that time until March 11, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G;

1. A protocol concerning the suspect examination of the accused;

1. The protocol of each police statement concerning H, F, E, and G;

1. Criteria for self-support for infant care services in 2014;

1. Copies of guidance on infant care services, 2013;

1. A detailed passbook;

1. Records of seizure and the list of seizure;

1. Determination of the defendant's assertion of each investigation report, internal investigation report, and accompanying documents

1. The gist of the claim is that infant care teachers E, F, and G meet the requirements for basic infant care fees, improvement in treatment, and improvement in the working environment, and thus, they do not receive the above money by falsely registering as regular infant care teachers.

2. According to the evidence examined earlier, ① Teachers E served as a teacher from September 3, 2013 to January 29, 2014. From September 3, 2013 to September 3, 2013, 5 hours (10:0 to 15:00) were served for one month from September 3, 2013, and thereafter 8 hours were served, ② Teachers F from December 2, 2013 to February 28, 2014.

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