The sentence of the court below (the postponement of sentence: the fine of three million won) is too unhued and unjust.

Judgment

The sum of the necessary expenses received by the Defendant by unlawful means is very large to KRW 91,868,700, and the period of receipt is about one year and six months, and the Defendant has made a false appearance by using a borrowed account.

However, the defendant's act of violating his wrongness is deemed not to be committed again, and it appears that the defendant used most of the returned money for the purchase cost of school facilities and the operation of child-care centers, such as facility construction cost. The parents of child-care centers operated by the defendant wanting to use the defendant's wife against the defendant, there is no criminal history except one fine before 20 years, and if the defendant is sentenced to a fine or more, the defendant cannot operate the child-care center for two years from the date of being sentenced to a fine under Article 2 of the Addenda of the Infant Care Act (amended by Act No. 12697, May 28, 2014) and Article 16 subparagraph 8 of the former Infant Care Act (amended by Act No. 12697, May 28, 2014). The court below's assertion that the defendant's child-care center is favorable for sentencing, and the defendant's child-care center's act and the defendant's child's act are judged as a result of harsh treatment.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.