A. At the time of the instant case, as the representative of the J fishing village fraternity, the Defendant, as the representative of the J fishing village fraternity, would be able to make an application for subsidies in accordance with the agreement agreement with the members of the JA fishing village fraternity who leased the common fishing ground in question, and after inquiring us about the agreement with the President of the K K branch of the K branch of the H branch of the JJ, Jari-gun, the Defendant filed a report on typhoon damage under the name of D, E, etc. according to his positive response, and all the disaster subsidies received were paid to the members of the AA fishing village fraternity, and there was no intention

Even so, the court below which found the defendant guilty of all the criminal facts of the defendant is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (an amount of KRW 4,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following facts are acknowledged in full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

(1) Since around 2012, D, E,V, and D were not equipped with the digging-type facilities at the J fishing village fraternity license site, J fishing village fraternity leased the relevant area to AB, AC, AD, AD, AE, AF, AG, and H to enable AA fishing village fraternity members to install the digging-type facilities from May 2012.

(2) There was no damage to D, E,V, or D, X due to typhoon immediately following the summer of 2012.

(3) The Defendant: (a) conspired with D, E, or D, or D, or D, V, or D, V, or D, or D, or B solely by himself, as indicated in the lower judgment, prepared a false typhoon damage report and submitted it to S, who is a public official in charge of the duties of confirming the scene of typhoon damage, to the effect that the Defendant suffered damage from a typhoon

(4) On October 8, 2010, the Defendant, D, E, and D were provided with the disaster subsidy corresponding to the victim’s property interest subsidy owned by the Republic of Korea respectively by the Goi-Gun Office in the lower judgment.

According to the above facts, the defendant knew that D, E, V, and X are unable to receive disaster subsidies, he/she deceivings Goung-si Office and makes a false application.