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

In the event that the Defendants did not pay the above fines, only 100,000.

Punishment of the crime

Defendant

A is the founder of the F kindergarten located in the branch E-gu in the Gyeonggi-do, the Gyeonggi-do, and the defendant B is a person who is the head of the above F kindergarten and operates the F kindergarten jointly.

The chief director of a school juristic person or an operator of a private school shall comply with an order to submit reports and related materials requested by the competent supervisory agency pursuant to relevant Acts and subordinate statutes.

Nevertheless, on June 1, 2016, the Defendants conspired to order the submission of audit data in 2014 and 2015 for the special audit (from June 7, 2016 to June 17, 2016) for the inspection of the actual status of the operation of private kindergartens under the Sung-nam Education Support Office from the auditor office of the Gyeonggi-do Office of Education around June 1, 2016, but failed to comply with the above audit data.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made by the police of G and H:

1. Criminal charge of a private kindergarten;

1. Determination as to the Defendants and their defense counsel’s assertion of the request for submission of audit data and each demand for submission of audit data (including 2 and 3 others) following a specific audit (private kindergarten)

1. The gist of the assertion is to preferentially apply the Act on Public Audit and Inspection rather than the Private School to the refusal to submit audit data of this case. Since the Act on Public Audit and Inspection requires an administrative fine to be imposed on the refusal to submit audit data, the indictment of this case is not accompanied by the law.

2. Determination ① As of June 26, 1963, the Private School Act had a private school be subject to instruction and supervision by the competent authority from the date of its determination on June 26, 1963 (Article 4). If necessary, the competent authority may order a private school to inspect account books, etc. or to take other necessary measures (Article 48). If a private school receives subsidies, etc. from the State or a local government, it is prescribed that a private school may receive a report on its duties or accounting status (Articles 51 and 43).