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(영문) 제주지방법원 2017.06.09 2014고정378
사기등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E Child Care Center” in Seocho-si D.

The founder or operator of a child-care center shall not collect child-care fees, etc. by fraud or other improper means, and the special activity expenses shall be used for personnel expenses of special activity instructors, the teaching materials for special activities, and the purchase expenses of school districts in accordance with the guidelines for the "Guidance for Infant Care Services" of each year publication by the Health and Welfare Ministry, and the details thereof shall be reported to the Child-care Center Steering Committee or notified to the guardian by settling the amount received by each guardian, the amount used,

On February 2, 2013, the Defendant issued that the Defendant should pay the special activity expenses of KRW 65,000 per person per month to the guardians of the victimized children in English and other four special classes.

However, in fact, the Defendant was scheduled to recover part of the special activity expenses paid to F, a special activity entity, from F, and use it for other purposes.

Nevertheless, the Defendant, without settling the special activity expenses as above, did not notify the guardians of infant care of the fact that the Defendant would receive and use part of the special activity expenses from the special activity company, and received KRW 50,000 from the guardians of infant care children in the form of special activity expenses on March 2, 2010, received KRW 12,000 from the “F” as the special activity expenses, and received refund of KRW 12,000 from the “F” during the same period until March 6, 2012, and received KRW 15,881,000 in the same way as in the list of crimes by fraud or other improper means, and at the same time by deceiving the victims, acquired property benefits equivalent to the above amount from the victims.

Summary of Evidence

1. Partial statements of the defendant in the court room or some statements of the defendant in the first trial proceedings;

1. The trial records are in the second trial records; and

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