학원의설립ㆍ운영및과외교습에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the “C” operated by the Defendant is a place equipped with information and communications facilities that enable more than 10 persons to take distance lessons, and thus constitutes a private teaching institute.
However, the court below erred by misapprehending the facts and acquitted the Defendant of the facts charged in this case.
2. Determination
(a) A person who intends to establish and operate a private teaching institute, which has a summary of the facts charged, shall register with the superintendent of education the personal information of the founder, curriculum, name of instructors, tuition fees, facilities, equipment, etc., by entering them in the application for registration of establishment and operation
Nevertheless, the Defendant, without registering as above from July 25, 201 to October 29, 2012, operated a private teaching institute by teaching English circuits using telephone or Internet to 93 students in the way of raising tuition fees whenever adding ten minutes to 10 minutes of monthly tuition fees for 10 minutes in telephone English from the “C Research Institute” operated by himself/herself in Gyeongsan-si, Sinsan-si, based on the basis of telephone language 10 minutes.
B. In light of the following circumstances, the lower court’s judgment and the first instance court’s duly admitted and investigated evidence, it is just to have rendered a not-guilty verdict on the instant facts charged, and there is no error of law by mistake of facts, as well as by mistake of facts.
(1) The term “private teaching institute” means a facility in which a private person teaches students or many unspecified students with knowledge and arts (including providing consultation, etc. necessary to enter a regular school and providing distance lessons using information and communication 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.
[Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons Act (hereinafter “Act”)
(2) "Number prescribed by Presidential Decree" in Article 2 subparagraph 1 of the Act means 10 persons who can take lessons or use as a place of learning at the same time.
The Enforcement Decree;