사기등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below (4 million won suspension of sentence) on the summary of the grounds for appeal is deemed to be too unhutiled and unfair.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime is that the Defendant received an excessive amount of childcare fees from the parents of young children by receiving the difference in actual costs from the clients and receiving the difference from the parents of young children by withdrawing the educational expenses for special music activities from the parents of young children.
The defendant was the first offender and used the money returned by the customer to operate the child care center.
The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.
In addition, when comprehensively considering the sentencing conditions, such as the Defendant’s age, occupation, and size of infant care fees received unlawfully, and equity in sentencing with similar cases, the sentence imposed by the lower court cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair due to excessive unhurdness.
3. Therefore, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below.
1. The relevant criminal facts under Article 347(1) of the Criminal Act, Article 54(4)6 of the Infant Care Act, and Article 38 of the Infant Care Act, “Article 347(1) of the respective Criminal Act,” and Articles 54(3)6 and 38 of the former Infant Care Act (Amended by Act No. 12697, May 28, 2014); each infant and child care fee, etc. is unlawfully collected from April 2014 to May 27, 2014); each former Infant and Child Care Act (Amended by Act No. 1321, Sep. 19, 2015); Article 54(3)6 and Article 38 of the former Infant and Child Care Act (Amended by Act No. 1321, May 38, 2014).