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(영문) 제주지방법원 2018.09.19 2017구합5809
원장자격정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who is working as the president of “C Child Care Center” in Jeju-si B from February 2001.

When operating the above child care center, the Plaintiff entered into a side agreement by appropriating teaching materials and instructor's allowances in excess of the actual supply price with the provider of the special activity program, and tried to acquire the special activity expenses illegally received by notifying the guardian of the child care to pay the excessive amount.

On February 2010, the Plaintiff concluded a special activity program contract with D Company, 15,00 won per person of 5 years old in English, 21,000 won per person of 6 years old 7 years old, 21,00 won per person of 1 year old 2,913 won per person of 2,913 won per sports. However, the Plaintiff notified the content of a special activity program contract, 20,000 won per person of 5 years old in English, 30,000 won per person of 6-7 years old 1, and 5,000 won per person of 1 year of 6-7 years old, as if they were concluded respectively.

Therefore, on March 29, 2010, the Plaintiff received 35,000 won (English 30,000 won, 5,000 won, 5,000 won, 11,087 won (English 9,000 won, 2,087 won, 2,087 won) as special activity expenses in English and sports in March 29, 2010.

From March 29, 2010 to March 30, 2011, the Plaintiff unlawfully received KRW 10,372,615 over 1,355 times through the aforementioned method, including that, and at the same time, deceiving the guardians of infant care children and deceiving them, thereby deceiving them.

B. On May 24, 2014, the commissioner of Jeju Provincial Police Agency (hereinafter “the commissioner of Jeju Provincial Police Agency”) notified the Defendant of the investigation results that he/she sent the case to the prosecution by recognizing the following criminal charges in relation to the Plaintiff:

(hereinafter “Notification of Investigation Results of the instant case”) C.

The Plaintiff’s charges based on the investigation results as above are the facts charged on June 2014.

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