The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the scenario) is not registered under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes”) for the following reasons, but the lower court convicted the Defendant on the premise that the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

① Since the Defendant had already registered and operated a private teaching institute for school curriculum, “F” around June 12, 2009, the Defendant is not obligated to register the private teaching institute for school curriculum of this case separately.

② Since the subject of a qualifying examination for college admission in the United States or the subject of a teaching for college admission in the United States, it is not subject to registration as prescribed by the Private Institutes Act.

③ The proviso of Article 2 subparag. 1 of the Private Institutes Act provides that schools under the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, and other Acts and subordinate statutes shall be excluded from private teaching institutes. Since the operation of private teaching institutes in this case was conducted within the facilities E in the Young-gu, Young-si, which is a school under the Higher Education Act, the private teaching institutes in this case are not private teaching institutes prescribed by the Private Institutes Act,

2. Determination

A. As to the assertion that the Defendant had already registered and operated a private teaching institute for school curriculum, it is not obligated to separately register the private teaching institute for school curriculum. (1) The former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 10916, Jul. 25, 201; hereinafter “former Private Teaching Institutes Act”).

Article 6 (1) of the Act provides, “A person who intends to establish and operate a private teaching institute shall have the facilities and equipment under Article 8 registered with the superintendent of education, as prescribed by Presidential Decree. The same shall also apply to cases where he/she intends to change the registered matters prescribed by Presidential Decree.”