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(영문) 대전지방법원 천안지원 2017.04.12 2017고정210
사립학교법위반
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a private school operator who operates a “C kindergarten” in Asan City B.

No private school manager shall transfer or lend any income or property belonging to the school expenses accounting to another account.

From around 2014 to 2015, the Defendant received subsidies of KRW 625,894,210 for the fiscal year 2014, and subsidies of KRW 647,582,910 for the fiscal year 2015, and paid KRW 1,247,780,890 for the agricultural bank account in the name of C kindergarten (number : D). Of the above amounts, the Defendant used some of the above amounts for the Defendant’s personal loan obligation interest, the construction cost of “E kindergarten” for another kindergarten operated by the Defendant, and the litigation cost with the construction company related to the said construction.

Around April 1, 2014, the Defendant transferred KRW 120,000,000, out of the above money deposited in the said agricultural cooperative account under the name of C kindergarten, to another agricultural cooperative account (F) under the name of C, and again entered KRW 50,000,000 in the agricultural cooperative account under the name of the Defendant (G number : G) from another agricultural cooperative account under the name of C, to April 2, 2014; and on May 14, 2014, KRW 20,000,000 in the agricultural cooperative account (number : I); and KRW 10,000,000 in the total account under the name of H from May 26, 2014 to the total amount of KRW 10,000 in the above account under the name of H from April 10, 2015 to the account equivalent to KRW 30,000 in the attached Table 30,015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A written accusation issued by the head of the District Education Office of Childbirth Education Support;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached documents related to the details of subsidies / Correction of the amount of subsidies);

1. Relevant provisions of the Private School Act and Articles 73-2, 51, and 29 (6) of the Private School Act concerning facts constituting an offense, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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