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(영문) 부산지방법원 2017.05.18 2016고정3487
영유아보육법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant is the head of the "D Child Care Center" in Busan-gun C.

No establisher or operator of a child-care center shall collect child-care fees, other necessary expenses, etc. from persons who use the child-care center by fraud or other improper means.

Nevertheless, on May 21, 2014, the Defendant received a total of KRW 12,141,000,000 from the above child care center guardians by fraud or other improper means, in addition, from around that time to February 26, 2015, the Defendant received KRW 852,000, a total of KRW 1,775,000, from the guardians of infant care centers, in a manner that sets up a unit price of KRW 923,00, even though the total amount of teaching materials for special English activities is KRW 923,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. The police statement (97 pages of investigation records), copies of rebates (16 pages of investigation records), price lists (190 pages of investigation records), and price lists (190 pages of investigation records) attached to the investigation report (Attachment of investigation documents related to this case);

1. Application of Acts and subordinate statutes to an investigation report (limited to the submission of a certificate of authorization for nursery facilities and a contract for the provision of teaching materials), an investigation report (limited to attachment of relevant materials), an investigation report (limited to all originals of originals and special activity expenses attached thereto);

1. Relevant legal provisions concerning criminal facts and Articles 54(3)6 and 38 of the former Infant Care Act (Amended by Act No. 12697, May 28, 2014); each of the former Infant Care Act (Amended by Act No. 13321, May 18, 2015; hereinafter referred to as “former Infant Care Act”); and each of the following fines is selected: (a) Articles 54(3)6 and 38 of the former Infant Care Act (Amended by Act No. 13321, May 18, 2015); (b) Articles 54(3)6 and 38 of the former Infant Care Act (Amended by Act No. 13321, May 28, 2014; hereinafter referred to as “the foregoing provision”).

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. The order of provisional payment;

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