The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, in fact, entered into an agreement with the provider of special activities to determine the amount of KRW 20,00 per child for English language among the special activity programs, KRW 20,00 per child for each child, KRW 20,00 per person for each sunset ( KRW 15,00 per person for each child), KRW 7,00 per child for science, KRW 7,00 per child for childcare, and KRW 5,00 per child for sports, and KRW 5,00 for each child for childcare. The Defendant did not have any legal or contractual obligation to inform the guardian of the fact that the Defendant received a reward from the provider of the special activity after the fact that the amount was excessive or appropriated is returned from the provider of the special activity, and there was no legal or contractual obligation to notify the guardian of the fact that the Defendant received the reward after the fact that the amount was returned from the provider of the special activity. Thus, the Defendant did not have any fraudulent act or the method of use of fraud as stipulated in Article 5(3)6(7) of the former Infant Care Act.

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of facts or misapprehension of legal principles 1) The prosecutor brought a public prosecution on the following grounds: “The act of continuously receiving money exceeding the amount paid by the care provider for the special activity activity expenses from the care provider without notifying his/her guardian of the fact that part of the special activity expenses paid by the care provider was to be returned from the special activity provider for another purpose, and without notifying his/her guardian thereof, constitutes a fraudulent act of fraud and the crime of violating the Infant Care Act (i.e., the act of continuously receiving money from the care provider for the special activity expenses). Therefore, the discussion on the calculation of specific amount, such as whether the actual supply price of the special activity provider for the special activity or the amount of the special activity expenses paid by the care provider for the special