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(영문) 부산지방법원 2016.12.23 2016고정2295
영유아보육법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On March 19, 2012, the Defendant is a person who operates a child-care center as the president of the "D Child-Care Center" located in Busan, Guns C.

On May 2013, the Defendant received special activity expenses from the guardians of the infants in the child care center in excess of 67,872,00 won in total, as described in the attached list of crimes, from the care parents by claiming the amount of money, if the Defendant used the money as expenses for teaching materials for the child care, such as expenses for the operation of the child care center, in excess of 1,233,100 won, even though it was used as expenses for teaching materials for the child care, such as expenses for the teaching materials for the special activities of the child care center. From around that time to December 2015, the Defendant received special activity expenses from the guardians of the infants in the child care center in excess of 67,

Accordingly, the Defendant received childcare fees, etc. by fraud or other improper means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F and G;

1. Statement of the police statement related H;

1. A contract for the supply of each educational program, a D special activity plan for child-care centers, and a written consent for participation;

1. Application of the Acts and subordinate statutes, such as a copy of the rebates account, the transaction records of Busan Bank in the name of the accused of the D child care center, other collection statements of expenses, and tax invoices

1. Relevant legal provisions for criminal facts and the choice of punishment each of the former Infant Care Act (Amended by Act No. 12697, May 28, 2014); Articles 54(3)6 and 38 (Amended by Act No. 12697, May 28, 2014; hereinafter the same shall apply); each of the former Infant Care Act (Amended by Act No. 13321, Sep. 19, 2015; hereinafter the same shall apply); Articles 54(3)6 and 38 (Amended by Act No. 1321, May 28, 2014; hereinafter the same shall apply); and each of the latter Infant Care Act (Amended by Act No. 13358, Sep. 19, 2015; hereinafter the same shall apply); and the imposition of fines, etc. of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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