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(영문) 서울중앙지방법원 2019.08.13 2019고정1150
학원의설립ㆍ운영및과외교습에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

However, the execution of the above fine for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a dance instructor.

Any person who intends to establish and operate a private teaching institute shall prepare facilities and equipment under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, and shall enter the personal information of the founder, curriculum, name of instructors, tuition fees, facilities and equipment, etc. in the application for registration of the establishment and operation of

Nevertheless, from around December 8, 2018 to January 26, 2019, the Defendant had facilities and equipment to dance on approximately 56.1 square meters in the name of “C” on the first floor of the building underground in Gwanak-gu, Seoul Special Metropolitan City, and operated a dance institute without registration by providing dance lessons to approximately 20 private teaching institutes during the period from around 0:3 p.m. to 14 p.m. to 17:0 p.m. in each week.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a fine shall be suspended, taking into consideration all kinds of sentencing conditions, including the fact that the defendant acknowledges and reflects the crime, discontinue the course, endeavoring to become an instructor of a regular driving school, and the primary offender);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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