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(영문) 제주지방법원 2015.02.06 2014고정537
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From March 2009, the Defendant is serving as the head of the “E kindergarten” in D from March 2009 to Jeju.

On February 2, 2011, the Defendant entered into a supply contract with the representative H of “F” (hereinafter “G”), which is a special entity that provides kindergarten children with teaching materials and tuition fees for the “I” English education program at KRW 30,000 per person per original child, and accordingly received the said special activities expenses from the guardian of the original child. The fact was that the Defendant collected the special activities expenses from the guardian and paid the amount of KRW 7,000 per person from H, and was scheduled to use them for another purpose.

Nevertheless, the Defendant, without notifying his guardian of such fact, sent a notice of payment stating the full amount of KRW 30,000 as special activity expenses without notifying his guardian, and then, he received KRW 30,000 as special activity expenses from his guardian on March 2, 201 from his guardian and acquired KRW 7,000 among them, and acquired KRW 8,792,00 through 1,256 through September 28, 201 by the same method as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of the witness H;

1. Determination as to the assertion of “The details of transactions of the Agricultural Cooperative Account (K), a copy of the English program supply contract, internal investigation report (Attachment to a written resolution on special activity expenditure in 2011-2012), agricultural bank account under the name of the E kindergarten L, the “the tuition register in 2011, the tuition register in 2012, and the defense counsel in the notice of education fee;

1. The defense counsel entered into the English education program of this case with H. Since the English education program contract of this case with the defendant was concluded normally with the consent of the parents, there was no fraudulent act such as notifying the parents of false facts, and the defendant partly subsidized the special activity expenses from H.

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