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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The defendant is a special activity supplier E (representative I) and F (representative H; hereinafter the above two companies are combined to be "special activity company".
The actual supply price of the special activity contract entered into with the child care center is 20,000 won in English (3 years of age) and 30,000 won in English (4,5 years of age), and 15,000 won in Lera, which is 15,000 won in each of the above amounts. Since there is no legal or contractual obligation to notify the guardian of the fact that the child is returned money under the name of honorarium after the special activity enterprise, there is no legal or contractual obligation to notify the guardian of the fact that the child is returned money after the special activity. Thus, there is no fact that the guardian of the child care center operated by the defendant by deceiving the guardian of the child by deceiving the child or receiving the special activity expenses by unlawful means. 2) The guardian of the child care center operated by the defendant judged that the amount of the special activity expenses is appropriate compared with other child care centers, and it does not constitute a causal relation between the defendant's act and the guardian's special activity expenses.
3) The Defendant had no change in the amount of special activity expenses that the Defendant received from the special activity entity before receiving the money from the special activity entity and thereafter received from the guardians, and education for special activities for childcare children was normally conducted. The Defendant does not commit fraud against childcare children since the Defendant received a partial refund of the special activity expenses. 4) The concept of so-called “actual expenses”, which is the actual expense for special activities, is included in the child care guidance book published by the Ministry of Health and Welfare in 2012, and is also included in each of the following: