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(영문) 수원지방법원 2012.11.22 2012노3851
사회복지사업법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A The above fine shall be imposed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (hereinafter “Defendant corporation”) are merely a renewal of the existing lease contract with H Co., Ltd. (hereinafter “H”), and is not a new lease contract. Under the proviso of Article 23(3) of the Social Welfare Services Act and Article 14(2) of the Enforcement Rule of the same Act, there was no need to obtain permission for disposal of fundamental property, and even if the permission is required for domestic affairs, the Defendant corporation filed an application for permission for disposal of fundamental property for the renewal with the Sungnam City Mayor around July 27, 201, and rejected it on the grounds that the above permission is not directly related to the above permission. In light of the above circumstances, the above rejection disposition should be revoked in an unlawful manner, and in light of the above circumstances, the Defendants did not have any criminal intent to commit a violation of the Social Welfare Services Act, and it does not constitute a crime of violation of the Social Welfare Services Act.

B. The lower court’s sentence of unreasonable sentencing (the Defendant’s each fine of KRW 7 million) is too unreasonable.

2. Determination

A. (1) According to the evidence duly adopted and examined by the lower court, the following facts can be acknowledged as to the assertion of mistake of facts and misapprehension of legal doctrine.

Defendant

As a part of a profit-making business, a corporation transferred its business to a separate corporation of “H” established around June 15, 2010 while operating a “H international school” in the part of 1,301.29 square meters, 4 stories, 1,304.48 square meters, 5 stories, and 258 square meters (hereinafter “instant building”).

According to the transfer of the above business, the defendant corporation was delegated with the affairs related to the permission to dispose of the basic property of the social welfare foundation by the Minister of Health and Welfare and the Gyeonggi-do Governor around May 13, 2010.

For the purpose of leasing the instant building to H for three years, the disposition of fundamental property is permitted.

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