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(영문) 대전지방법원 2013.11.22 2013고정787
체육시설의설치ㆍ이용에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant provided sports facilities (a dance institute business) businesses by teaching ten students, such as E, under the trade name “D from the 7th floor of the Seo-gu Daejeon Metropolitan City building,” without reporting sports facilities (a dance institute business) business to the competent authority from March 20, 2012 to January 7, 2013.

2. On March 2012, the Defendant asserted that he should not teach international standard dancing without reporting from the Seo-gu Office of the Daejeon Metropolitan City, and that he did not operate all private teaching institutes including dancing from that time. On July 2012, the Defendant asserted that he only conducted the training of teachers and staff as well as the training of staff as well as the training of ice sports dances developed by the Defendant.

3. Facts of recognition based on records.

A. On April 1, 2008, the Defendant filed a civil petition with F, who was a student of a private teaching institute from October 2009 to May 201, 201, in the name of “D” on the seventh floor of the Seo-gu Daejeon Building, Seo-gu, Daejeon, for the business of filing a civil petition with F, who was a student of the private teaching institute. On March 19, 2012, the head of the Seo-gu Daejeon Metropolitan City filed a criminal complaint with the Defendant as a violation of the Installation and Utilization of Sports Facilities Act regarding the unreported business from April 1, 2008 to March 19, 2012.

B. On July 13, 2012, the Daejeon District Prosecutors’ Office imposed a disposition to suspend indictment on the Defendant, taking into account the following: “The fact that most of the students of a private teaching institute were previously and incumbent teachers, and that the purpose of use as educational and training facilities was changed from the Office of Education of Daejeon Metropolitan City to a special field training institution on May 8, 2012, and then the report on sports facility business becomes unnecessary.”

C. On July 2012, according to the designation of a job training institution that was referred to in the disposition of suspending indictment, the Defendant continued to conduct a job training program (e.g., the first class of a well-ice sports dancer). Around January 2013, the Defendant placed a time table on the website to provide a new job training program. However, the Defendant was notified of the revocation by the Office of Education on January 4, 2013, as F’s civil petition.

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