The part against the defendant shall be reversed.

Defendant shall be punished by a fine of three million won.

The defendant above.

A. Of the facts charged in the instant case, the lower court recognized the establishment of a crime of violating the former Subsidy Management Act by using subsidies received by the Defendant for the purpose other than a new product, not for the use of a new product. However, the lower court cannot be deemed as falling under Articles 41 and 22(1) of the former Subsidy Management Act (amended by Act No. 13931, Jan. 28, 2016; hereinafter “former Subsidy Management Act”).

Therefore, the court below erred by misapprehending the legal principles.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, and the fine of three million won) is too unreasonable.

2. Determination

A. On June 21, 2013, the Defendant: (a) around June 21, 2013, the Defendant was determined by the NAC, the head of which is the Plaintiff’s association, to be eligible for support for X business (TF AFC) from the “Gu Office of the Aged Gun; and (b) E, as the chief of the general affairs division of the said TFC, was in charge of the overall provision of the said subsidized business.

A subsidy program operator shall obtain approval from the head of a central government office to change the details of a subsidy program or to change the distribution of expenses incurred in the subsidy program.

The Defendant and E, a major part of the aforementioned “X project”, must be installed as new products. Within KRW 1.329,393,600, the total project cost of KRW 1.360,000,000,000,000,000,000,000 for the installation of the “ tunnels storage facilities” was well known. On June 26, 2013, the Defendant and E received KRW 770,000,000,000,000,000,0000,000,000,000,000,000, from August 2013, 2013, the amount of the construction of the “ tunnels storage facilities” as new products is more than KRW 50,000,000,000,000,000,00,000,00.