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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 relating to color design in the name of “C”.
A person who intends to establish and operate a private teaching institute shall register his/her personal information, curriculum, name of instructors, tuition fees, facilities, equipment, etc. with the superintendent of education after entering them in the application for registration of establishment and operation of the
From April 201 to July 5, 2012, the Defendant, without registering a private teaching institute in Gwangju Dong-gu D and the second floor, operated the said private teaching institute by receiving tuition fees of KRW 70,000 per capita from students.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the law to the result of on-site inspections by this Court;
1. Relevant legal provisions and Articles 22 (1) 1 and 6 (1) of the Act on the Establishment and Operation of Private Teaching Institutes for Criminal Facts and Private Teaching Institutes for Selection of Punishment and Extracurricular Lessons (exclusive of fines and selection of fines);
1. A fine of two million won to be imposed on the suspension of sentence (five hundred thousand won per day on the confinement in the workhouse);
1. Article 59(1) of the suspended sentence and the reason for sentencing are that the defendant at the time of the crime of this case, on the grounds that the actual students at the time of the crime of this case did not reach 10 persons, the requirement of "10 persons" under Article 2(2) of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons refers to having facilities capable of teach 10 persons or more at the same time in light of the size of the facilities and the contents of learning at the same time, and it does not mean that 10 persons or more actually take lessons at the same time (see, e.g., Supreme Court Decision 2005Do4706, Jan. 25, 2007). In this case, according to the on-site inspection of this Court, it is sufficiently recognized that the private teaching institute operated by the defendant constitutes facilities that can teach 10 persons or more.
The photographs submitted by the defendant (the list Nos. 1 and 1 of evidence submitted by the defendant) are merely one of the two teaching rooms.
However, with regard to sentencing, the crime of this case is based on the site of law.