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(영문) 춘천지방법원 원주지원 2017.11.01 2016고정394
사립학교법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the operator of a private school in charge of all affairs of the above kindergarten while operating G kindergarten in the Gangwon-si, the defendant is in charge of the management of all affairs of the kindergarten, the collection of school expenses subsidies, school tuition fees, and accounting management, such as the receipt and disbursement of the kindergarten.

The operator of a private school shall not transfer or lend income belonging to the accounts of school expenses to other accounts.

On October 21, 201, the Defendant used KRW 5,00,000 from G kindergarten accounts in the name of G kindergarten (H) which is a kindergarten tuition account, for the actual construction cost of a farm, etc. which is not directly necessary for kindergarten education. From October 21, 201 to March 23, 2015, the Defendant used the income belonging to the accounts of KRW 219,250,920 in total for personal use, as shown in the attached list of crimes, for a total of 167 occasions from October 21, 201 to March 23, 2015.

Accordingly, the Defendant transferred income belonging to school expenses to other accounts as an operator of a private school.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Results of on-site inspections by this court;

1. Investigation reports (report on the disbursement of the natural study place), and the application of statutes governing the flow of the G kindergarten funds;

1. Article 73-2. Article 29 (6) of the Private School Act and Article 73-2 of the Private School Act concerning criminal facts and the selection of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (amended by Act No. 100,000 won per day) to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act (Article 59(1) of the Criminal Act provides that the Defendant installed a natural learning center facility of the instant farm for the children of G kindergarten and used it for a long time, reimburses all the amount at issue of accounting conversion, such as criminal facts, in light of the financial accounting characteristics of private kindergartens and the current status of their operation, the Defendant’s violation of the law in light of the form and degree of the violation of the law in this case, and the extent thereof, and the Defendant.

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