All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (No. 1: a fine of KRW 1 million, and a fine of KRW 3 million: a fine of KRW 3 million) declared by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the sentencing of the defendant on the grounds of ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for facts constituting an offense, Article 40 subparagraph 1 of the Act on the Management of Subsidies for the Selection of Punishment (the point of illegal receipt of subsidies), Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order shows the attitude of the defendant to recognize all the crimes of this case and to reflect his mistake.

The defendant shall return the subsidy illegally received due to the crime stated in the judgment of the court of first instance and damage the subsidy.