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(영문) 부산지방법원 2016.12.23 2016고정2071

영유아보육법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

From June 2013, the Defendant is a person who operated the “E Child Care Center” in Nam-gu Busan Metropolitan City D from June 2013 to June.

No person who establishes or operates a child-care center shall collect child-care fees or other necessary expenses from persons who use the child-care center by fraud or other improper means.

In the process of concluding a contract for the provision of teaching materials for special activities with F on March 2013, the Defendant: (a) drafted a contract for the provision of teaching materials by concluding a contract for the provision of teaching materials to KRW 15,000 per infant with a larger amount than the actual amount paid as the teaching materials cost; and (b) written a contract for the provision of teaching materials for special activities under an agreement where the Defendant first pays the amount under the contract to F in cash the difference between the amount actually paid according to the oral agreement and the amount actually paid to F.

After that, from March 2013, the Defendant notified the guardians of the above E-care center of the amount of English special lessons to the guardians of the above E-care center from March 2013, thereby hiding the expenses for the teaching materials to be paid to F in the English special lessons as above and receiving the expenses for the teaching materials under the contract as expenses for special activities, and received the expenses for the teaching materials every month from F. The Defendant received 3,904,50 won from the guardians after deducting 10% of the amount of the difference that occurred up to September 16, 2013, and received 3,904,50 won from the guardian as much as the difference in the teaching materials price was added from the amount of the teaching materials price. The Defendant received 19,361,000 won in total over 20 times from the care givers to December 10, 2015.

The amount that the defendant received from F is related to the actual profits that the defendant actually acquired, and the special activity expenses received by the defendant by illegal means shall be received from the guardian in accordance with the "total amount of special activity expenses" or the "B" contract.