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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for the following determination as to the matters under which the plaintiff emphasizes again in the trial of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination
A. 1) The plaintiff argues that the plaintiff received KRW 2.98,00,00,00,000 from the Busan Jin-gu Office, but the plaintiff continued to work in the child care center of this case, and the child care teacher certificate was not lent to E. Thus, the disposition of this case was not received in a false or unlawful manner. 2) The court of the lawsuit of the administrative litigation has to determine whether the fact-finding is true in accordance with logical and empirical rules based on the ideology of social justice and equity by taking into account the overall purport of the pleadings and the result of the examination of evidence.
(2) Article 8(2) of the Administrative Litigation Act, Article 202 of the Civil Procedure Act, and Article 202 of the Civil Procedure Act, are not bound by the court of a lawsuit in an administrative litigation, but the facts already established in the relevant criminal trial are significant evidence in the relevant administrative litigation. Thus, barring special circumstances where it is deemed difficult to adopt a factual judgment in the relevant criminal trial in light of other evidence submitted in the relevant administrative litigation, it cannot be recognized
(See Supreme Court Decision 2016Du40016 Decided December 29, 2016, etc.). According to the overall purport of Gap evidence Nos. 10-4, 5, 30, and Gap evidence Nos. 11, the Plaintiff received a summary order of KRW 2 million from Busan District Court (2017Da5401) due to criminal facts identical to the grounds for the instant disposition, which are subject to a summary order of KRW 2 million from Busan District Court (2017Da5401) and formal trial as Busan District Court 2011.