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(영문) 부산지방법원 2018.05.08 2017고정1267
영유아보육법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the operator of children's home in Yangsan-si D.

No establisher or operator of a child-care center shall collect child-care fees, etc. by fraud or other improper means.

On March 2016, at the office of the president of the child care center, the Defendant conspired to receive teaching materials, teaching tools, instructors, etc. from G in cash, even though he/she had to receive teaching materials, etc. at a price close to the cost, even though he/she had to receive teaching materials, etc. at a price close to the cost.

After that, even if the Defendant received teaching materials, instructors, etc. equivalent to KRW 1,532,00 in total costs from G around April 2016, the Defendant received the amount equivalent to KRW 3,832,00 as special activity expenses, and paid the amount equivalent to KRW 2,30,00 in cash, as if it were required by the false guardian, and received KRW 2,30,000 as the difference from G.

In addition, the Defendant, in collusion with G, received KRW 15,768,00 for special activity expenses in excess of KRW 15,768,00 for a total of six times from April 2016 to September 3, 2016, such as the list of crimes in the attached Form.

Summary of Evidence

1. Protocols of examination of the witness to the G of this court;

1. Application of the trade details of child care centers E (the details of rebates) statutes;

1. Relevant legal provisions and Articles 54 (4) 6 and 38 of the Infant Care Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, applicable to the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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