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(영문) 의정부지방법원 2019.02.14 2017고정1499
사기등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person operating B childcare centers in Gyeonggi-si, and D is a person operating G, a teaching materials distributor in Gangseo-gu Seoul Metropolitan Government E building F.

A person who establishes and operates a child-care center shall not receive necessary expenses from the users of the child-care center by fraud or other improper means, and necessary expenses, such as special activities expenses, shall be used for personnel expenses of special activities instructors, special activities textbooks, and purchase expenses of school districts in accordance with the guidelines for the "child-care project guidance" of each year published by the Ministry of Health and Welfare, and shall settle the amount received, actual use, and remaining amount for each parent on a half-yearly basis and notify the

If the Defendant paid KRW 175,00 to the victims of child care in the child care center from April 2015 to December 2015 as necessary expenses, such as expenses for special activities and teaching materials per child each month, the Defendant sent a notice of payment to the victims as if he/she were to use it as expenses for special activities instructors, personnel expenses for special activities instructors, and expenses for purchasing teaching materials and teaching materials for special activities, and received the said amount from the victims.

However, on February 2015, the Defendant conspired with D to arrange the Defendant to obtain a loan of KRW 496,80,000 from D under the name of P, a Perper Joint Company established by D, and if the Defendant uses the necessary expenses received from his parents, and pays the amount calculated by adding the above loan repayment to the actual teaching material expenses to the H account as the teaching material expenses, D received only the teaching material expenses, and the Defendant agreed to receive the above loan with the H account, and thus, the Defendant was to use part of the above necessary expenses received from his parents as the personal repayment of the loan, etc., from the beginning.

Nevertheless, the defendant deceivings the victims as above and belongs to them.

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