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(영문) 수원지방법원 2018.10.18 2018고정1276

학원의설립ㆍ운영및과외교습에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

A person who intends to provide private extracurricular lessons shall report his/her personal information, subjects, place, and tuition fees, etc. to the superintendent of education having jurisdiction over his/her domicile, as prescribed by Presidential Decree.

Nevertheless, from August 2016 to August 17, 2017, the Defendant did not report to the superintendent of the competent office of education at the Defendant’s residence located in Suwon-gu apartment B apartment house C, Suwon-gu, Suwon-si, and provided approximately KRW 2 million tuition fees for the students on an average of KRW 7-8 per month, and provided an individual extracurricular teaching for the English subject after receiving approximately KRW 2 million tuition fees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written accusation;

1. Documents related to the reporter’s statement, such as a transcript of video CDs, etc. submitted by the reporter, - Application of the statute governing the entry of financial accounts;

1. Establishment and operation of a private teaching institute and a private teaching institute for the choice of punishment for facts constituting an offense, Article 22 (1) 4 and Article 14-2 (1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is considerably long as the period for which the accused provided the extracurricular lessons without reporting by the accused is more than one year, and the amount of the extracurricular lessons or the income accrued therefrom is also reasonable.

The Defendant committed the instant crime with knowledge that the extracurricular lessons without reporting to the superintendent of education having jurisdiction over the domicile are illegal. However, as the Defendant is aged, the Defendant seems to have suspended the extracurricular lessons due to the aggravation of health conditions, and thus, the possibility of recidivism in the future is low.

It is judged that the defendant is the first offender, and the fact that the defendant is the first offender is favorable.

In addition, the punishment as ordered shall be determined in consideration of all the circumstances, such as the character and behavior, career, environment, family relationship, circumstances after the crime, attitude of the defendant in the investigation process and equity in the same and similar cases.