A defendant shall be punished by imprisonment for not less than eight months.

However, the period of three years from the date this judgment becomes final and conclusive.

A. In fact, due to the Sewol ferry accident on April 2014 and around May 2015, the Ministry of Education requested that the nationwide schools not hold a camp that is intended for students, and the number of applicants for participation did not hold an English camp due to a sudden decrease in the number of applicants for participation, and the Defendant had the intent and ability to normally operate the English camp.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts, the Defendant could be acknowledged that the Defendant, even though he did not have the intent or ability to operate an English camp, such as the advertisement on the website, he/she acquired the money from the victims as a non-title of participation.

The statement of the witness at the court below and the evidence submitted by the defendant at the court below and the party court shall not interfere with the above recognition.

◎ 피고인은 ‘C 영어마을’ 홈페이지에 실내 테마 16개, 야외 테마 16개의 교육환경을 갖추었다고

It was advertised as if it was equipped with professional facilities for English campaigns, such as posting, but it was not equipped with professional and fixed facilities or equipment for English campaigns, and only lent the guest rooms of the general cooking.

◎ 학원의 설립 ㆍ 운영 및 과외 교습에 관한 법률에 따라 교습소를 설립ㆍ운영하려는 자는 위 법이 정하는 사항을 교육감에게 신고하여야 하고, 피고인이 운영하려는 영어 캠프는 교습소에 해당함에도 피고인은 교육감에게 신고하지 아니하였다.

◎ 피고인은 AC에서 운영해 온 영어 캠프와 관련하여 계속하여 관할 관청으로부터 단속을 당하거나 고발을 당하여 형사처벌을 받았다.

The defendant is at the time of receiving money from the victims of this case in a non-title of participation.