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(영문) 의정부지방법원 고양지원 2019.10.10 2018고단3108
유아교육법위반
Text

Defendant

B Imprisonment with prison labor of one year and two months, and Defendant A shall be punished by a fine of five million won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant A established and operated D, a private kindergarten located in Pakistan, around March 2006, Defendant A wanted to entrust the operation of the above kindergarten to another person in August 2016.

1. Where any person who intends to establish and operate a private kindergarten violating the Early Childhood Education Act of Defendant A intends to change its operator, he/she shall obtain authorization from the superintendent of the competent office of education;

Defendant

A under the condition that B receive KRW 10,000,000,000 per month from B as collateral money and operating income, A agreed to lease to B and take charge of its management, and received KRW 700,000 from B on September 30, 2016, and transferred the management right of the said D without authorization of the superintendent of education, and B operated the said D from that time to February 28, 2018.

Accordingly, even though Defendant A changed its operator, Defendant A did not obtain authorization from the superintendent of education.

2. No operator of a private school, such as Defendant B’s private kindergarten in violation of the Private School Act, shall transfer or lend any income or property belonging to the accounts of school expenses to other accounts;

Nevertheless, the Defendant was in office as the president of D, a private kindergarten from October 1, 2016, and on October 24, 2016, the fact that the Defendant’s actual salary was KRW 2.5 million in the above kindergarten room was transferred to the account in the name of the Defendant’s payment, and the difference was transferred to the account in the name of the Defendant’s payment and without permission until March 16, 2018, from March 16, 2018, the Defendant arbitrarily transferred KRW 282,062,71, total income belonging to the school expense account, as shown in the list of crimes in the attached Table, to the personal account, etc. used by the Defendant.

Defendant B operated D, a private kindergarten located in C, from October 1, 2016 to February 28, 2018, Defendant B, “2019 Highest 2018”, and the fact is merely a general manager of the said kindergarten, who is a private kindergarten located in C, from October 1, 2016 to February 28, 2018.

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