The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of one million won.

Defendant

B.

1. Summary of grounds for appeal;

A. Defendant A did not submit a written reason for appeal, and the petition of appeal does not contain the reason for appeal.

B. Although a prosecutor (Defendant B) can be punished pursuant to Article 54 subparag. 7 of the Social Welfare Business Act even if he/she is not a prosecutor who operates social welfare business, the lower court erred by misapprehending the legal doctrine.

2. According to the records on Defendant A’s appeal, after filing an appeal against the lower judgment on July 18, 2016, the Defendant did not submit a statement of reason for appeal within 20 days, which is the period for submitting the statement of reason for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, even if he/she received a notice of receipt of the records of trial from the lower court on August 3, 2016, and received a notice of receipt of the records of trial from the lower court. The petition of appeal does not state the reason for the appeal and does not contain any reasons for ex officio examination even after examining the records. Thus, the Defendant’

3. Determination on the Prosecutor’s appeal against Defendant B

A. The lower court rendered a not guilty verdict on the charges against the Defendant on the grounds that the “person who fails to submit materials” subject to punishment pursuant to Article 54 subparag. 7 and Article 51 subparag. 1 of the Social Welfare Business Act is limited to “operator of social welfare business” and that the person who fails to perform his/her duties should be excluded.

B. Article 54 Subparag. 7 of the Social Welfare Business Act provides that “A person who fails to make a report under Article 51(1) without good cause or makes a false report, a person who fails to submit data, a person who submits false data, or a person who refuses, interferes with, or evades an inspection or inquiry,” and Article 51(1) of the same Act provides that “the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall guide and supervise the affairs under the jurisdiction of a person who operates social welfare business, and where necessary, order the person who operates social welfare business to submit a report or related documents concerning such affairs, or belongs thereto.