The defendant shall be innocent.

1. The summary of the facts charged is a person who operates a child-care center under the trade name, “E child-care center” located in the wife population D.

No person who operates a child-care center shall receive a subsidy or use a subsidy by fraud or other improper means while operating the child-care center with the subsidy for expenses or part of the expenses incurred in child-care programs from the State or local governments.

Nevertheless, from May to June 2012, the Defendant was issued KRW 550,000 in total by falsely claiming KRW 275,000 for childcare subsidies for May and June, when indicating that F (G) who is an original child in the above child care center did not attend the child care center due to her mother’s childbirth.

2. Determination:

A. “False application or other unlawful means” as stipulated in Article 40 of the Subsidy Management Act refers to the affirmative and passive act that may affect the decision-making on the grant of subsidies by deceptive means or other unlawful means, although it is not possible to receive subsidies under the same Act through normal procedures.

In addition, the purport of the above provision is to punish only a case where a subsidy is actually received, and unlike the fact that there is no provision for the attempted subsidy under the same Act, and Article 42 of the same Act has a separate penal provision for a violation of the administrative procedure of an individual subsidy. In light of the fact that the State's financial interests are protected by the law, and that it is not to punish the violation of the order or fairness of the administration of subsidy or the violation of individual administrative procedure

(See Supreme Court Decision 2006Do8870 Decided December 27, 2007, etc.). B.

The following circumstances, i.e., ① E., the evidence duly adopted and examined by this Court: