The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As stated in the facts constituting a mistake of facts in the decision of the court below, it was true that some of the employees of Corporation D operated by the defendant temporarily worked in the company for some of the business suspension dates on the application for employment support payment submitted to the employment support center affiliated with the Korea Labor Agency. However, the defendant merely consented to the application for employment support payment (E was exclusively in charge of the above company's application for employment support payment) by E, who is the employee in charge of the management department at the time, and did not know about the specific contents of the business suspension and the holidays in the application for employment support payment and whether the business suspension actually worked in the company as the holidays (the defendant did not receive a report or approval on the application details and the current status before and after the above application). It is difficult to view that there was a criminal intent to obtain employment support payment by submitting a false application in collusion with E, etc.

Therefore, the judgment of the court below which found the defendant guilty of fraud is erroneous by misunderstanding the facts against the rules of evidence and affecting the judgment.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant's ex officio, if the money was acquired by deception through several times against the same victim in fraud, the crime is a single crime and if the method of crime is identical, only a single crime is established.

(See Supreme Court Decision 9Do4862 delivered on February 11, 2002, etc.). However, according to the records, the crime of this case is committed by the defendant in collusion with E, etc. for the purpose of applying for employment maintenance support for false content based on the period of suspension different from the fact.