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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The defendant is a special activity supplier E (representative I) and F (representative H; hereinafter the above two companies are combined to be "special activity company".
The actual supply price of the special activity supply contract entered into with the child care center is 20,000 won per child care center (5 years of age), 30,000 won per month (6 years of age), 40,000 won per month (7 years of age), and 15,000 won per month (7 years of age), and each of the above amounts is reasonably determined according to the market economy principle, and the defendant does not have any legal or contractual obligation to notify his guardian of the fact that he receives a reward after the special activity enterprise, and there is no legal or contractual obligation to notify the special activity to the guardian of the fact that he receives a reward after the special activity. Thus, there is no fact that the guardian of the child care center operated by the defendant by deceiving the guardian of the child care center by deceiving or receiving the special activity cost by unlawful means. 2) Since it is determined that the amount of the special activity cost would be appropriate compared with other child care centers, the defendant's act of disposal by mistake does not constitute an act of disposal by the guardian.
3) The Defendant had no change in the amount of special activity expenses that the Defendant received from the special activity entity before receiving the money from the special activity entity and thereafter received from the guardians, and the Defendant provided special activity education for childcare children normally. However, since the Defendant received a partial refund of the special activity expenses, it does not constitute fraud against childcare children. 4) The so-called so-called “actual expense”, which is the actual expense for special activity, is included in the child care activity guide book published by the Ministry of Health and Welfare in 2012, and is also included in the concept of “actual expense” as well as prior to the amendment by Act No. 10789 of June 7, 2011.