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(영문) 서울동부지방법원 2014.08.06 2014고단335

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a non-profit childcare facility located in Songpa-gu Seoul Metropolitan Government D from July 2010, who operated the “E Child Care Center.”

The founder and operator of a child-care center shall not collect child-care fees, etc. by fraud or other improper means, and the special activities expenses shall be used for personnel expenses for special activities instructors, special activities textbooks, and the purchase expenses for school districts in accordance with the guidelines for the "child-care project guidance" of each year published by the Ministry of Health and Welfare, and shall settle the amount received by each guardian, the amount of actual use, and the remaining amount and notify the

From July 2010 to December 2012, the Defendant: (a) from the day of July 2010 to the day of December 2012, if the Defendant wishes to take the special classes of items (i) to (ii) to (iii) to (iv) to (iv) KRW 145,00,00 per child according to the age and academic year; and (b) from the 30,000 to the 30,000 won per child; and (c) granted a written consent for special activities, stating the explanation that the special classes are given as tuition

However, the Defendant entered into a contract with F G, etc. of special activities companies to pay only 40 to 60% of the special activity expenses received from their guardians each month as tuition expenses, teaching materials expenses, and the remaining special activity expenses were scheduled to be used as general operation expenses of the above childcare center.

Nevertheless, the Defendant, by settling the special activity expenses as above to the guardians and receiving from the guardians the amount exceeding the agreed amount to be paid as education expenses in the special activity enterprise without notifying the guardians of the fact that the Defendant would use the special activity expenses. On July 2010, the Defendant received 70,000 won as special activity expenses from the guardians of the above child care center from the guardian of the child care center around July 2010 and then from December 2012, the above child care center child guardian, such as the list of crimes (1) through (3).