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(영문) 대전지방법원 천안지원 2016.10.14 2016고정238

학원의설립ㆍ운영및과외교습에관한법률위반

Text

Punishment against the Defendants shall be prescribed as a fine of one million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

A person who intends to establish and operate a teaching school shall state personal information of a reporter and a teaching instructor, the name and location of a teaching school, the subject, tuition fees, etc. to the superintendent of education as prescribed by Presidential Decree.

Nevertheless, the Defendants conspired to report to the superintendent of the competent office of education, and established and operated a teaching school which provides art teaching services to elementary school students under the trade name "E" from January 15, 2015 to December 15, 2015.

Summary of Evidence

1. Defendant B’s legal statement, Defendant A’s partial legal statement

1. Partial statement of the witness B in the court (limited to the defendant A);

1. Photographs, advertising complex, lease contract, detailed statement of deposit transaction, inquiry of transfer confirmation and results of the process of transfer, detailed inquiry by case of the establishment of the instant teaching school, details of entry and departure transaction [The defendants' expertise and involvement degree of the establishment of the instant teaching school, the management status of the instant teaching school and the extent of the defendants' involvement in the curriculum of the instant teaching school, the profits accrued from the operation of the instant teaching school, the reasons why the instant teaching school continued to maintain the instant teaching school even though Defendant B did not have any particular benefit, Defendant A's experience and knowledge related to the operation of the instant teaching school, whether the pertinent teaching school was reported to the superintendent of education of the instant teaching school, and whether the instant teaching school was Defendant A's involvement in the details of the instant teaching school, the circumstances and reasons why the instant teaching school was not reported to the superintendent of education on January 2015, the degree of the Defendants' involvement in the instant teaching school, and whether the Defendants' direction and supervision relation were in the business]; it can be sufficiently recognized that Defendant A committed the instant crime.]

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Articles 22(1)3 and 14(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; the Criminal Act.

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