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(영문) 서울서부지방법원 2014.12.19 2014고단1322

사립학교법위반

Text

Defendant shall be punished by a fine of one 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 is working as the chairperson of the school foundation I located in Eunpyeong-gu Seoul Metropolitan Government H.

Where a school foundation intends to sell, donate, exchange, change the purpose of use, or provide fundamental property, or to assume obligations or waive rights, it shall obtain permission from the competent authorities.

Nevertheless, around April 17, 2012, the Defendant entered into a contract for the sale of the Eunpyeong-gu Seoul Special Metropolitan City K land and buildings with the competent authorities for KRW 2.5 billion, which are the fundamental property of J and I, in Eunpyeong-dong Seoul Metropolitan Government, without permission from the competent authorities.

Summary of Evidence

1. Legal statement made by a witness L;

1. Application of Acts and subordinate statutes to the accusation book, certified copy of the register, and data output of real estate sales contract;

1. Article 73 subparagraph 2 of the Private School Act and Articles 73 and 28 (1) of the Private School Act concerning criminal facts and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.