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(영문) 광주지방법원 2014.09.04 2014고정1121

Defendants shall be punished by a fine of KRW 1,500,000.


If A does not pay the above fine, it shall be 100.


Punishment of the crime


A From March 24, 1998 to March 24, 1998, a person operating a “B childcare center” as a social welfare foundation located in Gwangju Northern-gu D.

1. A person who operates a child-care center cannot receive child-care fees and other necessary expenses from the person who uses the child-care center by fraud or other improper means, notwithstanding the fact that the Defendant received KRW 5,005,00 from the users of the child-care center in the form of teaching materials for special activity expenses, and paid them to E who is a teaching material business operator, and thereafter returned the same again to the Gwangju bank account in the name of F, his/her father, and thereafter returned KRW 56,695,000 from that time to September 3, 2013.

As a result, the Defendant received childcare fees and other necessary expenses from those who use the above childcare center by fraud or other improper means.

2. The Defendant, a social welfare foundation B’s child care center, was the representative of the above temporary border corporation, and committed the above violation regarding the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the suspect interrogation protocol of the defendant A by the prosecutor;

1. Each internal investigation report and each investigation report;

1. Application of identification numbers, certificate of authorization for child-care centers, details of transactions in G and H accounts, details of transactions in E accounts, and Acts and subordinate statutes of the Child List of Special Activities;

1. Article applicable to criminal facts;

(a) Defendant A: Article 54 (3) 6 and Article 38 of the Infant Care Act;

(b) Child-care centers for the defendant, social welfare foundation B: Articles 55, 54 (3) 6, and 38 of the Infant Care Act;

1. The Defendants, who selected each of the selective fines, appears to have spent a considerable portion of the special activity expenses that they received in the above manner as expenses for extension or reconstruction of child care centers or operating expenses, and the Defendants in depth reflected the instant crime.