The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

In this case.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principle 1) The victim's Republic of Korea shall be punished by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012; hereinafter the same)

The Act on the Management of Subsidies and the Act on the Management of Subsidies and the Act on January 28, 2016 (amended by Act No. 13931, Jan. 28, 2016; hereinafter the same applies).

A) The Defendant is selected as a subsidized business entity on the premise that it is recognized by the Mediation Committee, etc. of Seocheon-gun, Chungcheongnam-do, and Seocheon-gun as having the ability to procure self-paid charges at the time of applying for a subsidy program under the name of the F Partnership Corporation (hereinafter “Corporation”).

Since then, as a result of the defendant's investment of funds for facilities and equipment in excess of the project plan, the total project cost exceeding 1.7 billion won was completed.

According to this, the defendant received the subsidy by false application or other unlawful means even though he/she did not have the intent or ability to input the subsidy when he/she applied for the subsidy.

It shall not be readily concluded.

B) Article 17 of the Act on the Management of Subsidies, Article 7 of the Enforcement Decree of the same Act, the Regulations on the Implementation of Agricultural and Forestry Fisheries Fisheries Projects, and the Guidelines for the Implementation of the Agricultural and Fishery Fishery Projects in 2011, there is no express provision that, even if they are based on the portion of the Fishery Product Processing Industry Promotion Project, the self-paid charges should be deposited and executed first or should be disbursed simultaneously with the subsidies.

The ability to bear money may be met by an applicant for a project by borrowing money from financial institutions or other persons.

In this case, the defendant shall pay money exceeding the amount equivalent to his/her own contributions.