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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
From 2003 to 2003, the Defendant is an operator of the “D Child Care Center” established in Busan-gu C.
No person who establishes or operates a child-care center shall collect child-care fees or other necessary expenses from persons who use the child-care center by fraud or other improper means.
In the process of concluding a contract for the supply of teaching materials for special activities with E around March 2013, the Defendant agreed to pay KRW 6,000 for each infant as the teaching materials cost, but the contract for the supply of teaching materials is stated as 12,00 won per person. The Defendant first paid the amount under the contract for the supply of teaching materials to E, and then agreed to pay the difference between the amount paid under the oral agreement and the amount paid under the contract for the supply of teaching materials for special activities to E in cash, and written the contract for the provision of teaching materials for special activities.
After that, from May 2013, the Defendant informed the guardians of the above D Child Care Center of the English special classes, and then concealed the teaching materials expenses to be paid to E in English, received the special activities expenses under the contract and received monthly teaching materials from E, and received 193,800 won calculated by deducting 10% of the surcharge from the difference of 204,000 won on June 11, 2013, and received more than the difference in the teaching materials expenses from the guardians. In addition, the Defendant received 2,038,100 won in total more than 10 times from around February 5, 2014 as stated in the “amount received due” in the attached crime list of the attached crime list from around that time to February 5, 2014.
The amount that the defendant received from E is related to the actual profits that the defendant actually acquired, and the special activity expenses received by the defendant by illegal means are the special activity expenses received from the guardian according to the "total amount of special activity expenses" or the (b) contract.