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(영문) 부산지방법원 동부지원 2017.02.07 2016고합89

사기등

Text

A defendant shall be punished by imprisonment for four years.

4,890,357 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

From July 2003 to June 201, the Defendant provided meals to J Middle Schools and K High Schools (hereinafter referred to as “JJ”) from February 2004 to March 2016, the Defendant provided meals to M High Schools (hereinafter referred to as “LJ”) from January 2013 to June 2015.

Ⅰ Crimes related to Lentas;

1. Fraud of meal service costs;

A. (1) As the amended Enforcement Rule of the School Meal Act was enforced from January 20, 207, the School Meal Act and the Enforcement Rule of the School Meal Act enacted, Article 7 of the Enforcement Rule of the School Meal Act, allowing the head of the school, school staff members related to the school, and school meal service suppliers to disclose the rate of non-use of food out of the school meal cost of each semester for the quality and safety of food, and compelling them to keep and keep food materials-related documents, such as school meal log, food materials inspection log, and specifications of transactions.

(2) On March 29, 2003, the Busan Metropolitan Office of Education guidelines related to school meal in Busan Metropolitan City Office of Education distributed the "Guidelines for the Operation and Guidance of Entrusted Meal Services" to the Office of Education of Busan Metropolitan City, and the school meal cost was determined after deliberation by the School Governance Committee based on the cost account statement for school meal costs recognized by a reliable institution, and the ratio of food cost out of the school meal cost to be maintained by at least 65%.

In addition, the Office of Education of Busan Metropolitan City around February 2009 distributed basic direction for school meal in 2009 to ensure the quality and safety of school meal service, but the ratio of school meal cost in order to ensure the quality and safety of school meal service, but it specified pure food cost cost cost in the contract and frequently check whether it is appropriate to use it, and distributed it to each school with the basic direction for school meal every year.