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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is a person who actually operates the “E Child Care Center” located in Busan-gu D.
A person who establishes and operates a child-care center shall not collect child-care fees and other necessary expenses from the users of the child-care center by fraud or other improper means, and the special activity expenses shall be used for the personnel expenses of special activity instructors, the teaching materials and equipment for special activities, and the purchase expenses of the school for each year published by the Ministry of Health and Welfare, on a half-yearly basis, and shall settle the amount received by each guardian, the amount of actual use, and the remaining amount, and notify the details
Nevertheless, around March 2013, the Defendant received special activity expenses from childcare children’s guardians in the above E-child care center, and received special activity expenses from guardians by notifying them of the cost of teaching materials for special activities in excess of the actual fixed price. From around that time to February 5, 2014, the Defendant collected childcare fees in excess of the aggregate of KRW 5,59,200 as stated in the attached crime list by the above method from around February 5, 2014.
Accordingly, the Defendant received childcare fees by fraud or other improper means.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect of G;
1. Statement of the police statement related H;
1. A copy of the police seizure records and the list of seizure;
1. Copies of books;
1. Certificate of authorization for nursery facilities;
1. Application of Acts and subordinate statutes to the E-child care center of monthly statement of original cost and expenses, cash receipt and disbursement statement, disbursement resolution, specification of transactions, and copy of invoice;
1. Article 54 (4) 6 and Article 38 of the Infant Care Act and Article 54 (4) 6 of the Infant Care Act and the selection of fines for criminal facts;
1. A fine of one million won to be suspended;
1. Articles 70 (1) and 69 (2) of the Criminal Act (amount converted per day: 100,000 won);
1. Article 59(1) of the Criminal Act provides that the Defendant is the primary offender and causes the instant crime.