The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. With regard to the fraud of the paper-general subsidy among the facts charged in the case of mistake of facts, even if the defendant actually educates the original students for at least eight hours, the defendant's act of requesting and receiving the subsidy is a crime of fraud, and the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misunderstanding of facts, even though the original students received a separate course of study from an external private teaching institute at the time of education.

B. The sentence (one million won of a fine) imposed by the court below on the grounds of unfair sentencing is excessively uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court’s judgment: ① (a) the Defendant operated after-school classes programs from 9:0 p.m. to 5:0 p.m., the hours from 9:0 p.m. to 6:0 p.m. when operating the after-school class programs; (b) the Defendant appears to have operated the “Korean language, the basic acquisition activities/dynamics, simultaneous, and wintering” programs; and (c) the students who have worked in the workplace after 6:0 p.m. were able to have provided home care to the above kindergarten for 8 hours or more; and (c) the above kindergarten appears to have been provided with childcare for 6:0 p.m.; and (d) the Defendant appears to have participated in the after-school classes other than the English curriculum, but it appears that there were many students who have participated in the after-school classes except for the above 7-school classes; and (d) the Defendant did not have any special reason to deem that there was fraud of the subsidies by deception by the prosecutor based on evidence that there was insufficient reason to acknowledge the Defendant.