A defendant shall be punished by imprisonment for three years.

4,890,357 won shall be collected from the defendant.

1. The defendant;

A. misunderstanding of facts and legal principles 1) The court below found the guilty on this part of the charges of fraud related to the fraud of the J middle school and K High school (hereinafter referred to as “L”) by misunderstanding of legal principles and misunderstanding of facts related to the determination of whether the crime of deception and deception of fraud constitutes the elements of fraud, etc.

① Since the crime of fraud is established by victim, the victim, deception, mistake, act of disposal, and amount of damage should be specified by individual. However, this part of the facts charged is not specific.

② The Defendant, as well as the fact of deceiving the school side, did not induce not only the Defendant to use 65% of the food cost as food cost, but also the Defendant did not have any intention to commit the crime of deception.

③ Since the majority of students and parents who were intentionally or intentionally engaged in L are highly likely to have paid meal costs by explaining or gathering such information about the unit cost of meal costs, it cannot be deemed that there was an error, and that there was an actual explanation about the unit cost of meal costs by the Defendant.

Even if L, it is difficult to recognize that all students and parents did not pay meal service costs.

④ Since the victim is not the defendant but the victim did not dispose of the defendant, and the school does not constitute the victim, the act that the victim paid the meal cost to the defendant does not constitute a dispositive act in fraud.

This part of the facts charged is against the principle of infinite disadvantage, and the judgment of the court below which found the defendant guilty as a sole criminal without changing the indictment.