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(영문) 인천지방법원 2015.05.15 2015고정483

유아교육법위반

Text

1. Defendant A shall be punished by a fine for negligence of KRW 7,000,000, and Defendant B shall be punished by a fine of KRW 3,000,00.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

Defendant

A around June 14, 2004, by obtaining authorization for the establishment of a kindergarten from the Incheon East-gu Office of Education from the Incheon East-gu Office of Education, around 14, 2004.

1. On November 2010, Defendant A and F entered into a contract with F to receive deposit money of KRW 75 million and monthly rent of KRW 2.5 million from F in return for having F operate the said kindergarten at the above kindergarten office without authorization of the competent authorities, and Defendant A and F had F operate the said kindergarten from December 1, 2010 to July 201.

Accordingly, Defendant A, in collusion with F, changed the operator of the above kindergarten without the authorization of the competent authorities.

2. On July 10, 2012, Defendants A entered into a contract with Defendant B to receive KRW 75 million and monthly rent of KRW 1.5 million in return for having Defendant B operate the said kindergarten within the said kindergarten office without authorization of the competent authorities. From August 1, 2012 to June 2014, Defendants B had Defendant B operate the said kindergarten.

As a result, the Defendants conspired to change the operator of the above kindergarten without the authorization of the competent authorities.

Summary of Evidence

1. Each legal statement of the Defendants (the Defendant B is on the second trial date)

1. Accusations, real estate lease contracts, letters concerning the operation of each kindergarten, each specification of transactions, private documents, rights facilities acquisition contracts, copies of authorization, names of G kindergartens, and notification of modification of rules and regulations;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to the police investigation protocol concerning F;

1. Defendants of the relevant Article on criminal facts and the choice of punishment: Articles 34 (2) 2 and 8 (4) of the Early Childhood Education Act, and Article 30 of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendants to be detained in the workhouse are the Gu.