The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

Any person who intends to establish a private school shall obtain authorization from the superintendent of the competent City/Do office of education, and shall neither use the name of a school nor recruit students without obtaining authorization for the establishment of a school nor operate the facilities in de facto form of a school.

Nevertheless, from July 2, 2004 to December 7, 2016, the Defendant established a “C Private Teaching Institutes” in Gwanak-gu in Seoul Special Metropolitan City, without obtaining authorization from the competent authorities, and had ten lecture rooms, one office, one counseling room, etc. in the said Private Teaching Institutes, and operated curriculum composed of 80 elementary, middle, and high school students in total, by organizing a curriculum identical to the curriculum of an elementary, middle, and high school for 6 years, middle, and 3 years of regular educational institutions in high school, with 10 instructors.

Accordingly, the defendant recruited students without obtaining the establishment authorization from the competent authorities and operated the facility in de facto form of school.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the details of filing an accusation, a report on inspection results of a driving school, a copy of a survey report on the actual condition of a driving school, a certificate of establishment and operation of a driving school, facsimile of the certificate of registration of a driving school, the schedule of class hours, and

1. Article 67 (2) 1 and Article 4 (2) of the Elementary and Secondary Education Act concerning facts constituting an offense, Article 67 of the relevant Act and Article 67 of the Elementary and Secondary Education Act, and selection of fines;

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the Defendant’s assertion of Article 59(1) of the Criminal Act (see, e.g., the following grounds for sentencing)

1. The summary of the assertion C Private Teaching Institutes (hereinafter “private teaching institutes of this case”) are not schools, but schools. 2. without obtaining authorization under Article 67(2)1 of the Elementary and Secondary Education Act, it uses the name of schools or recruits students, thereby operating the facilities in de facto form of school.