The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) in relation to elementary school education service business, the Defendant: (a) did not facilitate system development or customer recruitment; (b) did not have sufficient funds or human resources organization necessary for system supplementation and business network normalization; and (c) did not assist in ordinary expenses to operate a company under delayed payment of wages; (d) even though it was impossible to achieve large sales and operating profits within a short period, the Defendant deceiving the victim as if there were problems in the business system itself, which serves as the basis for calculating estimated sales.

In relation to smart kindergarten businesses, the defendant was unable to operate the normal operation as above, but it is difficult for the defendant to cover additional costs because the kindergarten business is operated by changing the elementary school program and system only to the content.

“Along with the fact that, in common, the victim belongs to the victim, and, in relation to the conflict of laws outside the kindergarten, the company that was normally concluded or is scheduled to conclude the contract was extremely small, deceiving the victim by virtue of the fact that the contract with a large number of companies is in the process of signing the contract between them.

As such, the Defendant actively threatened the victim with regard to the overall preparation situation, which serves as the basis for the smooth operation of the business, and even if there are many witnesses and reference witnesses, the lower court acquitted the Defendant of the facts charged in this case, and erred by misapprehending the relevant legal doctrine by misapprehending the rules of evidence.

2. Determination

A. The summary of the facts charged in the instant case is a person who served as the representative director of E (hereinafter “stock company”) established for the purpose of educational information service, etc.

1) The education service business for elementary school students refers to the “business of non-to-door video combined education service for elementary school students using PCs in the form of online video PC.”