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(영문) 서울동부지방법원 2019.05.03 2018고단2482
영유아보육법위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

The defendants of the applicant for compensation are the defendants.

Reasons

Criminal facts

Defendant

A is a person who actually operates the “D” in Songpa-gu Seoul, and Defendant B is a person who is registered as the representative of the “D” as the same student of the above A.

A person who establishes and operates a child-care center may receive child-care fees and other necessary expenses from persons who use the child-care center within the extent determined by the Mayor/Do Governor having jurisdiction over the location of the child-care center, and shall not collect child-care fees, etc. by fraud

Nevertheless, Defendant A received childcare center accounts, etc. from Defendant B, who had been working as “D” in early 2012, who had been employed as “D,” and had been transferred to Defendant B while taking over the said childcare center. The Defendants, despite being aware that the parents of the child-care center were not to receive childcare fees and other necessary expenses as prescribed by the law, provided special skills education in addition to regular education or purchased food materials from E at a organic farming enterprise, Defendant A provided additional expenses to the parents of the original students in addition to regular education, and conspired to use them by dividing them.

[The Defendants conspiredd with the aforementioned “D” office on July 3, 2012, and the Defendant stated that “A would provide special skills education by employing special skills instructors G and H” to parents of original F.

However, in fact, Defendant A entered G and H as a special skills instructor, paid tuition fees to the above persons, and deposited them into the account of the above instructors as if they were given special skills education, and then again returned them, and did not have any intention or ability to conduct special skills education for the purpose of the Defendants’ personal living expenses, etc.

Nevertheless, the Defendants conspired as above and conspired from July 3, 2012 to May 26, 2017.

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