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(영문) 춘천지방법원 2013.05.10 2012구합94

학력인정평생교육시설보조금반환명령에대한취소

Text

1. On December 19, 201, the order issued by the Defendant to return subsidies to an academic background-accredited lifelong educational establishment, which was given to the Plaintiff, is revoked.

2.

Reasons

1. Details of the disposition;

A. The Plaintiff is the founder, operator, and principal of the secondary and high school (the name of the first school was C High School, but the name of the school was changed on November 5, 2007; hereinafter “instant school”) which is a lifelong educational establishment that is recognized under the Lifelong Education Act.

B. The Plaintiff, around April 6, 2005, was composed of 6 high school classes, but the actual number of teachers in the above school was 12 (excluding the principal and the administrative positions; hereinafter the same shall apply) and the designation requirements for the school-accredited lifelong educational establishment were insufficient. As such, the Plaintiff entered the application for the subsidy for the personnel expenses of the teachers and staff in 2005, along with the list of the teachers and staff, and submitted it to the Defendant on April 6, 2005, and received KRW 26,730,000 from the Defendant as the personnel expenses for the teachers and staff.

C. Although the number of teachers of the above school falls short of the requirements for the designation of a lifelong educational establishment from that time until that time in mid-201, the Plaintiff prepared a false application for subsidies from the Defendant to that time, and received subsidies from the Defendant to KRW 136,220,20,00 in the aggregate of KRW 136,220,92,00 in around 206, around 2007, KRW 143,992,00 in the around 2007, KRW 260,533,00 in the around 208, KRW 271,567,00 in the around 209, KRW 273,574,00 in the around 273,574,00 in the around 2010, KRW 131,176,00 in the around 201, KRW 1353,282,00 in the around 208.

The Plaintiff, by deceiving the Defendant from around 2005 to around 2010, obtained subsidies of KRW 1,222,106,000, was sentenced to three years of imprisonment in accordance with the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on June 23, 201 through the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The Plaintiff appealed as 2011No98, the Seoul High Court reversed the lower judgment on the ground of unfair sentencing on January 11, 2012, and sentenced the Plaintiff two years of imprisonment, and the Supreme Court dismissed the appeal on May 10, 2012 as 201Do1542, and the said judgment became final and conclusive on the same day.

E. The Defendant against the Plaintiff on December 19, 201, which was after the judgment of the court of first instance was rendered.