The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

C Around March 2, 2015, a person who operated the above kindergarten with the authorization of establishment of the E kindergarten from the Busan Coast Guard Education Support Agency in the Busan Coast Guard D, and the defendant is a person who leased and operated the above kindergarten from C.

Where a person who establishes and operates a private kindergarten intends to close the kindergarten or to change matters concerning the founder and operator of the kindergarten, he/she shall obtain authorization from the superintendent of the relevant office of education.

Nevertheless, the Defendant, in collusion with C on November 21, 2016, entered into a contract with C to deliver deposit money of KRW 300 million and KRW 4 million monthly to C in return for the Defendant to operate the said kindergarten. The Defendant operated the said kindergarten from December 1, 2016 to May 201, 2017.

Accordingly, the defendant, in collusion with C, changed the operator of the above kindergarten without obtaining the authorization of the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written accusation, a written statement and a fact-finding certificate;

1. The defendant's defense counsel asserts that the lease between C and the defendant cannot be viewed as "the change of operator" because the defendant is not the owner of the above kindergarten facility.

However, according to the evidence duly adopted and examined by this court, C and the defendant have the appearance of a lease contract under the pretext that it is difficult to transfer the right of management through legitimate procedures, and it is recognized that the defendant actually operated the above kindergarten by acquiring the right of management of the kindergarten from C, and the fact that the defendant is not the owner of the kindergarten can be a separate violation of laws and regulations related to the ownership of the facility, and it can be a reason to exempt the obligation under the Educational Act on the transfer of the right of management.