Nevertheless, the Defendant, without registering as above from July 25, 201 to October 29, 2012, operated a private teaching institute by teaching English translations to 93 students using telephone or Internet, in the way that he/she receives the increased tuition fees whenever adding ten minutes to 10 minutes of a monthly tuition for 10 minutes in telephone English currency from “C Research Institute” operated by Gyeongsan-si, Sinsan-si (hereinafter “C Research Institute”), based on which the Defendant received the increased tuition fees.

2. According to Article 6(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Act”), a person who intends to establish and operate a private teaching institute shall register with the superintendent of education with the facilities and equipment under Article 8 of the Act, stating the personal information of the founder, etc., and Article 22 of the Act provides that a person who establishes and operates a private teaching institute without registration under Article 6 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won. The prosecutor indicted the Defendant under Article 22 of the Act without registration.

Therefore, first, among the facts charged in this case, we will examine whether the defendant's teaching facilities of this case constitute private teaching institutes stipulated in the law.

The term "private teaching institute" in subparagraph 1 of Article 2 of the Act means a facility where a private person teaches students or many unspecified students to teach knowledge and arts (including providing consultation, etc. necessary for entering a regular school and providing distance lessons using information and communications technology, etc.) or provides them as learning places for not less than 30 days according to the teaching process for not less than 30 days, which is determined by Presidential Decree.