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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal power] On February 18, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Gwangju District Court, and the judgment became final and conclusive on July 5, 2016, and on February 20, 2018, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the same court on February 20, 2018 and the sentence became final and conclusive on August 10, 2018.
【Criminal Facts】
The Defendant is a person who operates a “BA” school to provide relevant education to students who intend to obtain a license related to the welfare of a caregiver, etc.
1. Purchase of tuition fees;
A. On November 24, 2014, the Defendant committed the crime at the office of the 2nd class B private teaching institute in Gwangju-dong, Gwangju-dong, Gwangju-gu, on November 24, 2014; the education course for caregivers, assistant nurses, and psychological counselors is merely limited to receiving training expenses from the Human Resources Development Service of Korea when the educational institution entrusted with the education by the business owner conducts the education for the employees of the business owner; in the case of the victim D, the business owner who bears the education expenses, who intends to receive the education expenses from the Human Resources Development Service of Korea, is not subject to the refund of training expenses; in the case of the victim D, who is not subject to the refund of training expenses, or who has employed the facilities, instructors, etc. that can normally complete the relevant course; however, even though the victim did not have employed the facilities, etc. that can normally complete the relevant course, not only the assistant nurse, psychological counselor, and social worker qualification certificate should be acquired; all the courses were refunded at least KRW 3 million in this country, and remitted the tuition fees under the name of the victim.
B. Around November 28, 2014, the Defendant committed the crime at the office of a private teaching institute as provided in paragraph (1) around November 26, 2014, and the facts are as follows.
As referred to in paragraph (1), the victim shall not be eligible for tuition fees and shall have the intention or ability to provide education by employing facilities or instructors who can normally complete the relevant curriculum.