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(영문) 제주지방법원 2014.10.29 2014고정349
사기등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

From October 1, 1978 to October 1, 1978, A is in office as the director of the child care center E-child welfare foundation located in Jeju City, and Defendant B served as the reduction of the above child care center from March 2, 1990 to the last day.

No establisher or operator of a child-care center shall collect child-care fees, etc. by fraud or other improper means.

The Defendants, on February 23, 2010, posted a notice of payment of special activity expenses for English subjects to child care children (guardians) in consideration of the actual supply price by 33% higher than the actual supply price of teaching materials and instructor allowances for the special activity programs conducted in child care centers, concluding a contract with the special activity enterprise, notifying the child care children (guardians) to pay the amount appropriated in this excess to the special activity expenses illegally received, and the actual supply price of the special activity expenses for the special activity subjects (F(=G, representative: H) in the special activity is KRW 15,000 per child care child, although the actual supply price of the English subject (F: G, representative: H) in the special activity is KRW 15,00 per child care child.

Therefore, on March 2, 2010, 5,000 won was illegally received from childcare children I to receive 20,000 won as special activity expenses for the English subject in March 2, 2010.

From March 2, 2010 to March 1, 2012, the Defendant, including this, received 20,915,000 won through 4,183 times as stated in the attached list of crimes through the foregoing method, and, at the same time, deceiving the victimized child (guardian), thereby deceiving the victimized child and deceiving the said child.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of the witness H in the court;

1. Each police statement of H;

1. Each disbursement resolution of 2010, 2011, and 2012;

1. Each G contract in 2010 and 2011;

1. Registers of special education expenses in 2010, registers of the payment of special education expenses in 2011;

1. A statement of transactions in the original B name of the community credit cooperatives account;

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