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(영문) 광주지방법원 2014.11.26 2014고단1169
영유아보육법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. From April 14, 2003, Defendant A works as the director of a child-care center called “B child-care center of a social welfare foundation” in Gwangju-gu, Nam-gu.

On April 29, 2009, the Defendant collected childcare fees exceeding 100,282,60 won in total 44 times from the parents of infant care children by claiming for the amount of money exceeding 2,390,400 won from the parents of infant care children, as shown in the attached list of crimes from August 2013.

Accordingly, the Defendant received childcare fees by fraud or other improper means.

2. Defendant B’s child-care center committed such a violation as above with respect to the duties of employees A at the above time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the police statement of E;

1. Each special activity plan and written consent for participation;

1. A report of investigation (specific details of the list of crimes);

1. Application of Acts and subordinate statutes on the list of children in child care and details of account transactions;

1. Article 54 (3) 6, and Article 38 (Selection of Fines) of the Infant Care Act - Child care centers operated by social welfare corporations for the defendant: Articles 55, 54 (3) 6, and 38 of the Infant Care Act;

1. Detention in a workhouse - Defendant A: Articles 70(1) and 69(2) (one day: 100,000 won) of the Criminal Act;

1. Although the grounds for sentencing under Article 59(1) of the Criminal Act [the suspended punishment: fine of KRW 2,500,000 for each of the instant crimes] are not good in light of the content, duration, frequency, etc. of the instant crimes, and the amount of infant care fees received by the Defendant so far is considerably high. However, in the meantime, in the case of the instant crimes, the Defendants led to confession of the instant crimes and damage.

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