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

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

Punishment of the crime

On March 2, 2015, the Defendant was a person who operated the above kindergarten with the authorization of the establishment of the D kindergarten from the Busan Coast Guard Education Support Office in Busan, the Busan, and E was a person who leased and operated the above kindergarten from the Defendant.

Where a person who establishes and operates a private kindergarten intends to close the kindergarten or to change matters concerning the founder and operator of the kindergarten, he/she shall obtain authorization from the superintendent of the relevant office of education.

Nevertheless, on November 21, 2016, the Defendant entered into a contract with the Defendant to deliver deposit money of KRW 300 million and monthly KRW 4 million to the Defendant in return for the Defendant to operate the said kindergarten without obtaining authorization of the change of the competent authorities around Busan, and on November 21, 2016, E operated the said kindergarten from December 1, 2016 to May 2017.

Accordingly, the defendant, in collusion with E, changed the operator of the above kindergarten without the authorization of the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. The defendant's above act does not fall under Article 34 (2) 2 and Article 8 (4) of the Infant Education Act, Article 9 (3) 1 of the Enforcement Decree of the Infant Education Act, so long as it cannot be deemed that the above act of the defendant's person is merely leased the above kindergarten to A, and that it does not fall under any of the above acts of the defendant's person.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant also agreed to the effect that E would operate the above kindergarten when entering into a lease agreement with E on the above kindergarten facilities, and that “B shall be subject to civil and criminal liability at the time of establishing the contract” is a special terms of the above lease agreement, and “In any case, the operation of the principal kindergarten shall be established.”