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(영문) 부산지방법원동부지원 2020.11.26 2020고정467
사회복지사업법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the social welfare foundation B located in Busan Shipping Daegu C, and the defendant welfare foundation B is a corporation established for the welfare business for the aged under the Welfare of the Aged Act.

Defendant

A Where a social welfare foundation intends to sell, donate, exchange, lease, provide security, or change the purpose of use with respect to the basic property, it shall obtain permission from the Mayor/Do Governor.

Nevertheless, the Defendant leased or changed the purpose of use of the building on the ground of Busan Shipping Daegu, which is the fundamental property of the social welfare foundation B, without obtaining permission from the Busan City market, as stated in the attached Form B “the details of disposal of fundamental property without permission.

Defendant

A, the representative director of the defendant of social welfare foundation B, committed an act of violation as described in Paragraph 1 in relation to the defendant's business at the same date and place as described in Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. The application of the Act and subordinate statutes governing the change of the list of basic property (the change of the list of basic property on December 12, 16, and the current status of B lease contracts) to D's statement of statement, report (voluntary submission, such as the lease contract, etc.), partial certificate of registration, notification of permission

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Of Article 53 subparag. 1 and Article 23(3) of the Social Welfare Services Act (attached Form B “the details of disposal of fundamental property without permission for the State, a social welfare foundation B”), each of the former Social Welfare Services Act (amended by Act No. 14325, Dec. 2, 2016); Article 53 subparag. 1 and Article 23(3) of the former Social Welfare Services Act (attached Form B “the details of disposal of fundamental property without permission for the State, a social welfare foundation; the lease or alteration of use of unauthorized Fundamental Property related to the fifth floor and the fifth floor)

B. The defendant social welfare foundation B is a social welfare foundation in the attached Form of Article 56, Article 53 subparag. 1, and Article 23(3) of the Social Welfare Services Act.

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