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(영문) 부산지방법원 2020.01.16 2018노823

사기

Text

All the judgment below is reversed.

Defendant

A shall be punished by a fine of 20,000,000 won, and a fine of 15,00,000 won, respectively.

Reasons

1. The summary of the grounds for appeal (in fact-finding and violation of law) did not pay money exceeding the meal cost that the Defendants received from their parents as meal service costs.

The Defendants violated the duty of disclosure and have a proximate causal relation with the act of disposal by parents as victims.

2. The court allowed the prosecutor's application for changes in indictment.

The judgment of the court below shall not be maintained as a result of changes.

3. The judgment of the court below is reversed ex officio.

Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:

Criminal facts

Defendant

A is a person who operates D Kindergartens in Ulsan-gu, Ulsan-gu, and Defendant B is a person who operates F Kindergartens in Busan-gu, Busan-do.

When an operator, such as the head of a kindergarten, receives educational expenses borne by beneficiaries (expenses borne by parents for the operation of kindergarten curriculum), such as meal expenses, the expenses borne by beneficiaries shall be used only for 1:1 expenses for school meal expenses, etc., and the details of such use shall be notified to the Steering Committee comprised of the representatives, etc. of parents, and the facts of consultation with the Steering Committee shall be stated in the facts of consultation with the Steering Committee. However, it is understood as a subject of consultation with the Kindergarten Operation Committee pursuant to

shall be subject to such notice to the guardian, and such notice shall be given to the guardian.

In the facts charged, the budget for additional expenses, such as expenses to be borne by beneficiaries, etc., shall be compiled so that revenues and expenditures are consistent, and it is impossible to divert them, and the expenses shall be deposited into a kindergarten-only account, the details of use, etc. shall be settled, reported to the Office of Education, which is the supervisory authority, and the parents shall also be informed of the difference, and the balance shall be settled within 10 days after the completion of the relevant project and returned to the parents.