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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 operates the D Child Care Center in Yangsan-si C.
No establisher or operator of a child-care center shall collect child-care fees or other necessary expenses by fraud or other improper means.
Nevertheless, around March 2014, the Defendant explained to the effect that “the educational expenses for special activities are paid to the parents of infants who are victims at the above child care center, and KRW 10,000 per infant per infant,” was scheduled to be used for the full children, and that the educational expenses for special activities were determined without any violation of the relevant provisions.
However, at that time, the Defendant prepared a contract with the representative G of Fudong branch, Fugu, Busan, Inc., a corporation providing infant music programs, to pay KRW 10,000 per infant to the above branch, and actually entered into an agreement with the Defendant to return part of the amount received as special activity expenses, and was used as operating expenses for the Defendant’s child care center, which is irrelevant to special activity for the original purpose, unlike the original purpose.
After that, around April 2014, the Defendant received KRW 80,000 won per victim as educational expenses for E special activities from the victims, and received KRW 270,000 in excess of KRW 10,000 per person per E, and received KRW 10,000 from April 2014 to December 2016 by the same method as indicated in the attached list of crimes, and received KRW 7,205,50 in excess of KRW 7,205,50 from victims and received necessary expenses by fraud or other improper means.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of the Acts and subordinate statutes to copies of the books of rebates, copies of the agreement on transactions, and copies of the results of inquiries about the details of transactions of admission and withdrawal;
1. Article 347 (1) and Article 347 of the Criminal Act as to the facts constituting an offense.