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(영문) 창원지방법원 2011.08.11 2010고정1547
학원의설립ㆍ운영및과외교습에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Although a person who intends to establish and operate a private teaching institute is registered with the superintendent of the competent office of education, the defendant, from February 25, 2008 to March 22, 2010, installed a cuba, cuba, so that he can educate young children in the trade name of approximately 55 square meters from the 6th floor of the Masan-si D Building in Yongsan-si to the 55th square meters from March 22, 2010, and received tuition fees of KRW 100,000 per month for 3-7 young children, and established and operated a private teaching institute without registration with the superintendent of the competent office of education.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes confirming the facts of the F and G production;

1. Article 22(1)1 and Article 22(1)6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons for Criminal Facts (wholly amended by Act No. 10916, Jul. 25, 201); the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (a) of the Suspension of Sentence: (b) there is no previous conviction against the Defendant; (c) size and teaching content of the art teaching institute operated by the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances

1. The assertion;

A. The “E” facility operated by the Defendant (hereinafter “E”) does not constitute a private teaching institute subject to registration under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

B. The instant facilities are one of the multiple chain stores of H, and the Defendant trusted to the inquiry and the prosecutor’s office’s non-prosecution disposition to the effect that it does not constitute a private teaching institute of the pertinent Office of Education regarding other chain stores of H Co., Ltd., and thus, the Defendant did not have intention or is justified in legal errors

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