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(영문) 서울중앙지방법원 2017.06.20 2017고정998
학원의설립ㆍ운영및과외교습에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who establishes and operates “C” on the third floor of a building located in Dongjak-gu Seoul Metropolitan Government.

Any person who intends to establish and operate a private teaching institute shall have the facilities and equipment necessary for teaching and learning in accordance with the standards for each unit facility determined by municipal ordinance of a City/Do for each curriculum, as prescribed by Presidential Decree, and shall enter the personal information of the founder, curriculum, list of instructors, tuition fees, facilities and equipment, etc. in the application for registration of the establishment and operation of the private teaching institute and

Nevertheless, the Defendant established and operated a private teaching institute by receiving tuition fees of KRW 300,000 per month from August 18, 2016 to November 30, 2016, without being registered with the superintendent of education under his/her jurisdiction, from which he/she had a lecture room and a self-practice room, from which he/she is equipped with a lecture room and who is a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to accusation and accompanying documents;

1. Establishment and operation of a private teaching institute and a private teaching institute for the choice of punishment for criminal facts under Article 22 (1) 1 and Article 22 (1) 6 of the Act on the Teaching of Extracurricular Crimes (Selection of Penalty Surcharges);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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