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(영문) 의정부지방법원 2017.05.11 2016고정2317
학원의설립ㆍ운영및과외교습에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a private teaching institute with the trade name of 48 square meters lecture rooms of 48 square meters in Gyeonggi-gu, Gyeonggi-do, and one office room of a person who operates a private teaching institute.

Any person who intends to establish and operate a private teaching institute shall have the facilities and equipment referred to in Article 8 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and shall register the personal information of the founder, curriculum, name of instructors, tuition fees, facilities and equipment with the superintendent of education by entering them in the application for registration of establishment and operation of the private teaching institute,

Nevertheless, from June 20, 2016 to August 6, 2016, the Defendant taught ten students, including H, without registering the said private teaching institute with the superintendent of education, and without registering as if he/she operated a private teaching institute under the Gyeonggi-gu G and 202, he/she received tuition fees of KRW 750,000 per week from H and operated a private teaching institute.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written control, a field photograph, a confirmation letter, or a copy of a certificate of establishment and operation registration of a driving school;

1. Investigation report (verification of area, etc. of a private teaching institute);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 22 (1) 1 and Article 6 (1) of the Act on the Establishment and Operation of Private Teaching Institutes and the elective Teaching Institutes for Criminal Facts, and the Selection of fines;

1. Penalty of one million won to be suspended;

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

1. The reason for sentencing under Article 59(1)(1) of the Criminal Code of the Suspension of Pronouncement of Sentence is to consider the following favorable circumstances; the defendant recognized the crime of this case and reflects his mistake; the defendant completed the establishment and operation registration of a private teaching institute normally, but the defendant provided lessons from a building where students temporarily return to Korea provide accommodation for the convenience of students who temporarily return to Korea, and some of the circumstances leading to the crime are considered, and the period of operation is not relatively long, and the private teaching institute is now closed.

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