The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. The purport of the punishment provision for a person who recruits students and operates a facility in de facto form of a school without obtaining authorization for establishment of a school under Article 67(2)1 of the Elementary and Secondary Education Act (hereinafter “instant penal provision”) is to ensure the effectiveness of the primary secondary education system already prepared by allowing persons subject to elementary and secondary education to undergo education in the facility and environment prescribed by the law, and to prevent damages to students and parents due to not being given the qualifications for graduation, and the “C”, which is the facility operated by the defendant, plays a role in supplementing the existing elementary, middle, and high school education system.

In light of the fact that it cannot be deemed that the effectiveness of the domestic elementary and secondary education system is infringed, and that the defendant clearly explained that the participant in the program and his/her legal representative would not be qualified to be qualified to graduate from high school even if he/she completed the program and his/her legal representative, etc., the defendant's act stated in the facts charged in the instant case cannot be deemed to contravene the legislative intent of the instant penal provision, and thus, the defendant operated

It can not be subject to criminal punishment on a conclusive basis.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. 1 Determination as to the assertion of misunderstanding of facts and misapprehension of legal principles) Article 67 of the Elementary and Secondary Education Act (Penal Provisions) of the relevant provisions of this case. 2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. Authorization for the establishment of a school under Article 4 (2) or under Article 50;