A. On February 6, 2014, the indictment for mistake of facts and misunderstanding of legal principles was instituted, and the indictment for the charge of violation of the Infant Care Act was completed on February 5, 2009, which was more than five years after the statute of limitations for the charge of violation of the Infant Care Act was passed.

Of the facts charged in the instant case, the portion paid as basic childcare fees by the year 2010 is not arbitrarily calculated and paid by the competent administrative agency prior to the introduction of the basic childcare fee application system, but actually worked as “F Childcare Center” (hereinafter “Child Care Center”) or “F Childcare Center”) for the entire or some period specified in the facts charged in the instant case. As such, the Defendants did not receive subsidies corresponding to this portion by fraud or other improper means.

Nevertheless, the lower court found the Defendant guilty of all the charges of this case and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Each sentence sentenced by the lower court to the Defendants (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination:

A. As to the assertion on the completion of the statute of limitations, where multiple acts falling under the same crime are continuously conducted for a certain period under the single and continuous criminal intent, and where the legal interests from such damage are the same, each of these acts shall be punished by a single and continuous crime, and in such a case, the statute of limitations shall commence from the time when the final criminal act has been completed (see Supreme Court Decision 2002Do2939, Oct. 11, 2002). In light of these legal principles, the crime of this case is examined in light of the records, the defendants conspired to register childcare teachers in collusion and received subsidies each month from 2008 to 2012 by making a false registration of childcare teachers, and the act is repeated each month and repeated for a considerable period, the method of crime is identical, etc.