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(영문) 인천지방법원 2019.04.26 2019고정24

사립학교법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 12, 2006, the defendant is the head of Gyeyang-gu Incheon Metropolitan City Office of Education who operates C Kindergartens with the trade name of C, for the children of 160 classes (181 classes) from the head of the Seo-gu Office of Education of Incheon Metropolitan City on April 12, 2006.

No income or property belonging to the accounts of school juristic persons or the head of a private school manager or a college educational institution shall be transferred or lent to other accounts among the accounts of school juristic persons.

In addition, the expenditure of the accounts for school expenses is the expenses necessary for the operation and education of the school, and the finance and accounting of the corporation and the school are operated in a sound manner. However, on August 18, 2017, the defendant loaned from the head office of the above C kindergarten in Gyeyang-gu Incheon, the IBK Bank Account (D), which is the defendant's children's children, the amount of KRW 50,000,000 from the IBK Bank Account (D), the head of the above C kindergarten Account,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate;

1. Application of Acts and subordinate statutes to the cash receipt and disbursement book, disbursement resolution letter, copy of passbook, cash receipt and disbursement book, and cash receipt and disbursement statement of September 2018;

1. Article 73-2 of the Private School Act and Articles 73-2 and 29 (6) of the Private School Act concerning facts constituting an offense;

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

1. The purpose of Article 334(1) of the Criminal Procedure Act prohibiting the transfer or lending of revenues or property belonging to the reason of sentencing to other accounts is to improve education by ensuring the faithful financial soundness of private schools, and it does not seem that the liability for the crime of this case is light.

However, the defendant shows the attitude of recognizing and opposing the crime of this case, although about one year has passed from the crime of this case, the defendant is immediately before conducting a financial audit of C Kindergartens.