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(영문) 서울동부지방법원 2017.10.24 2017고정1144

학원의설립ㆍ운영및과외교습에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Anyone who intends to establish and operate a teaching school shall report to the superintendent of education as prescribed by Presidential Decree.

1. In B, the Defendant, without filing the aforementioned report from July 24, 2016 to August 14, 2016, operated a teaching school which teaches the subjects of Korean language, English, academic, social, scientific, and history by receiving KRW 2,50,00 per 1,00 students from among those located in Seo-gu Daejeon, Seo-gu, Daejeon, from around 24, 2016 to around 14, 200 students.

2. In D, the Defendant, without filing the aforementioned report, operated a teaching school which teaches the subjects of Korean language, English, academic, social, scientific, and historical history on 2.80,00 won per 60 students from January 1, 2017 to January 26, 2017, among D located in E in Gyeonggi-si, for 60 students of middle and high school among those in Gyeonggi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a written accusation, F field photograph, Internet advertisement closure, written estimate, D facility use contract, and due diligence;

1. Article 22 (1) 3 and Article 14 (1) of the Act on the Establishment and Operation of Private Teaching Institutes and the elective Teaching Institutes for Criminal Facts, and Articles 22 (1) 3 and 14 (1) of the same Act, and the Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act, which provides that the defendant with the reason for sentencing of the same kind of crime, who has been subject to the suspension of indictment for the reason of the same crime, and continuously commits an illegal act despite the history of the criminal punishment of the fine, the defendant, who provided lessons according to the time table by specifying the subject, does not entirely reflect the defendant's learning, and the amount of the fine determined by the summary order is not excessive even if considering the sentencing conditions indicated in the trial of this case, such as the degree of the defendant's profit from the illegal act of this case, etc.