The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant operates a children’s house in the name of “D childcare center” in Busan Dong-gu C.

No person who establishes or operates a childcare center shall collect childcare fees, etc. by fraud or other improper means.

Nevertheless, from September 8, 201 to October 21, 201 of the same year, the Defendant received 2,000 won per hour from children E and F discharged from the above childcare center as additional care fees for extended hours, and received 30,000 won per hour from each guardian for infants G, H, I, and J as additional care fees for each guardian from March 201 to August 2013.

2. Determination

A. It is true that the defendant's summary of his defense counsel's assertion has received money from the guardians of the children who were taken care of the defendant's child care center as stated in the facts charged, such as overtime of time, food expenses, and general infant care fees.

However, Article 54 (3) 6 of the Infant Care Act punishs a person who receives infant care fees, etc. by fraud or other improper means. In the case of the defendant, the defendant cannot be deemed to have violated the above provision since he did not receive any additional infant care fees by fraud or other improper means.

B. According to the evidence duly adopted and examined by this court, the defendant was requested by the guardians of E and F during the period from September 8, 201 to October 21 of the same year when operating a child care center as described in paragraph (1) and received 12,000 won per hour in addition to the prescribed time and received 2,000 won in total from the above guardians in excess of the prescribed time limit for receiving necessary expenses for the child care center. The defendant was taking care of G, H, I, and J from March 2012 to August 2013.