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(영문) 제주지방법원 2017.06.09 2014고단1156

영유아보육법위반등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E Child Care Center” in Jeju City D.

The founder or operator of a child-care center shall not collect child-care fees, etc. by fraud or other improper means, and the special activity expenses shall be used for personnel expenses of special activity instructors, the teaching materials for special activities, and the purchase expenses of school districts in accordance with the guidelines for the "Guidance for Infant Care Services" of each year publication by the Health and Welfare Ministry, and the details thereof shall be reported to the Child-care Center Steering Committee or notified to the guardian by settling the amount received by each guardian, the amount used,

On February 2, 2010, the Defendant paid 30,000 won special activity expenses to the guardians of the victimized children in English and physical education in the child care center.

However, in fact, the Defendant was scheduled to recover part of the special activity expenses paid to F, a special activity entity, from F, and use it for other purposes.

Nevertheless, the Defendant, without settling the special activity expenses as above, did not notify the guardians of infant care of the fact that the Defendant is expected to receive and use part of the special activity expenses from the special activity enterprise, and received 30,000 won from the guardians of infant care children as special activity expenses on March 2, 2010, received 30,000 won from the “F” to receive 10,461 won out of them from the “F” as special activity expenses, and received from the guardians of infant care children, until February 28, 2012, and received 16,743,010 won in total by the same method as in the list of crimes by fraud or other unlawful means, and at the same time, by deceiving the victims, acquired financial benefits equivalent to the above amount from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of part of the witness H in the third public trial record;

1. Reports on internal accidents (care facilities; hereinafter the same shall apply);