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(영문) 인천지방법원 2016.09.09 2016고정1936
학원의설립ㆍ운영및과외교습에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

A person who intends to establish and operate a teaching school shall report to the superintendent of education as prescribed by Presidential Decree.

Nevertheless, on February 27, 2015, the Defendants, without reporting to the superintendent of education, leased the C building 1501 No. 405 of the Yeonsu-gu Incheon Metropolitan City on the condition that deposit and monthly rent are jointly borne (the guarantee amount of KRW 10 million, monthly rent of KRW 1.2 million, monthly rent of KRW 1.2 million), and the Defendants, at that place, agreed to teach the curriculum for middle and high school students, and distribute half revenues.

The Defendants, from the above day to February 25, 2016, leased the above places (84.971 square meters) as seen above, had two lampers necessary for teaching, four 2 lampers on two books, eight lickers, etc., and Defendant A received teaching fees from 250,000 won to 30,000 won per month from 350,000 won per month from 350,000 won from 30,000 won to 4,000 won from 30,000 won per month from 10 students, and Defendant B received teaching fees from 10,000 won to 4,000 won per month from 4,000 high school students.

Accordingly, the Defendants conspired to operate a teaching school without reporting it to the superintendent of education.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A written statement of Dong Office of Education;

1. Data on the number of teaching students and a contract for apartment lease;

1. A written certificate of transaction (B) and a detailed statement of transaction (A);

1. Application of the Acts and subordinate statutes of lessons;

1. The Defendants: Article 22 (1) 3 and Article 14 (1) of the Act on the Establishment and Operation of Private Teaching Institutes and the Teaching of Over-the-counter Lessons; Article 30 of the Criminal Act; and the choice of fines, respectively;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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