The prosecutor's appeal is dismissed.

1. The lower court found the Defendant guilty of the facts charged in the instant case, thereby misapprehending the legal doctrine, thereby rendering a judgment of not guilty.

2. Determination

A. The summary of the facts charged in the instant case is the head of the E kindergarten located in Yangsan-si D (hereinafter “instant kindergarten”).

Around March 2016, the Defendant entered into an educational contract with F Branch Representative G of F Branch, Inc., a company providing infant music programs, and entered into an educational contract with the Defendant, but the Defendant paid KRW 800,000 for each monthly educational expense, stated in the transaction agreement that the Defendant would pay KRW 10,000 for each infant, and the Defendant would receive a refund of the amount calculated by deducting 10% of the difference after deducting 10% of the additional tax.

Nevertheless, on March 2016, the Defendant did not notify the parents of the fact that part of the educational expenses will be refunded to G by means of the aforementioned double contract, and filed a claim for educational expenses with the parents of the above kindergarten who suffered from the victim as if all of the tuition fees were used for educational expenses, and received the amount exceeding the educational expenses from the victims, and returned the amount of KRW 3,523,50 among them. From that time to November 2016, the Defendant received KRW 10,102,50 in total eight times in the same manner as indicated in the list of crimes in the attached Table of Crimes from November 2016.

B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court: (a) although it is recognized that the Defendant entered into a contract with G and operated the instant kindergarten in a false manner; (b) but (c) the evidence submitted by the prosecutor alone proves that the Defendant, as stated in the facts charged, deceiving parents of students and defrauding educational expenses to parents, was without reasonable doubt.

It is difficult to see

The decision was determined.

(1) The Defendant shall post his parents.