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(영문) 서울중앙지방법원 2018.12.05 2018고단6579
학원의설립ㆍ운영및과외교습에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to establish and operate a private teaching institute shall register with the superintendent of education by stating his/her personal information, curricula, tuition fees, etc. in the application form for registration of the establishment and operation of the private teaching institute.

Nevertheless, the Defendant did not register with the superintendent of education, from June 20 to June 20, 2017, operated a private teaching institute teaching subjects related to the learning ability test on the trade name of approximately 15 to 20 students, including 3, 1, and 4, and 5, after employing 5 instructors in Gangnam-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the list of private teaching institutes without registration, the list of facilities research, the list of NAF advertising, the transfer of private teaching institutes, and the list of students;

1. Establishment and operation of a private teaching institute for criminal facts, Article 22 (1) 1 and Article 6 (1) of the Act on the Establishment and Operation of Private Teaching Institutes for the Selection of Penalties, and Selection of Fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is to be imposed in consideration of the fact that the defendant was sentenced to a fine twice by the operation of a non-registered private teaching institute in the past at the same place in the past, and that the defendant has to newly lease and register a building meeting the facility conditions in the future, the sentence as ordered shall be imposed.

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