The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant is merely a lessee who leased the above kindergarten from C who is the founder and operator of the E kindergarten, and does not constitute “a person who establishes and operates a private kindergarten” under Article 8(4) of the Infant Education Act.

The violation of the Infant Education Act due to the violation of the duty to modify the authorization under Article 34 (2) 2 of the Infant Education Act is not a joint principal offender with C who is not obligated to act as a true principal offender, and even if the defendant was able to be a joint principal offender with C, there is no fact that the defendant conspired with C even if he was able to be a joint principal offender with C.

However, the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine or by misapprehending facts, thereby adversely affecting the conclusion of the judgment

B. The sentence (the suspended sentence (the fine of 2 million won to be suspended) imposed by the prosecutor by the court below is too uneased and unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. The summary of the facts charged in the instant case is as follows: (a) around March 2, 2015, the Plaintiff was a person who operated the instant private kindergarten with the authorization of the establishment of the EM from the Busan Coast Guard Education Support Agency D in the Busan Coast Guard Education Support Agency; and (b) the Defendant leased and operated the said private kindergarten from C.

Where a person who establishes and operates a private kindergarten intends to change matters concerning the founder and operator of the kindergarten, he/she shall obtain authorization from the superintendent of education.

Nevertheless, the Defendant, in collusion with C on November 21, 2016, entered into a contract with C to deliver deposit money of KRW 300 million and KRW 4 million monthly to C in return for operating the above private kindergarten, without obtaining authorization of the competent authorities’ change on November 21, 2016. The Defendant operated the above private kindergarten from December 1, 2016 to May 201.

Accordingly, the defendant in collusion with C without obtaining authorization from the competent authorities.