The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Dagricultural association established by the Defendant claiming mistake of facts or misapprehension of legal principles has been legally selected as a subsidized project operator by satisfying the requirements for the support of the manufacture cost of mileage and the management body machinery and equipment support project in 2010, which was conducted by the 2010-gun, and the Track-gun purchased a subsidy from the said subsidized project was jointly used by the members of the said agricultural association in accordance with the purpose of the said support project.

Therefore, in the process of raising the 100 million won of the investment of D agricultural partnership, the Defendant, inasmuch as the Defendant borrowed money from the other members of the said agricultural partnership, deposited money in the account book in the name of the union members of the said association, immediately withdrawn it, and repaid it to the other members, by deceiving Macheon-gun,

No one may be deemed to have received a subsidy by “a false application or other unlawful means” as prescribed in Article 40 of the Subsidy Management Act.

B. The lower court’s imprisonment (eight months of imprisonment and one year of suspended execution) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the term “false application or other unlawful means” under 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, such as deceptive scheme, even though it is not possible to receive subsidies under the same Act through normal procedures.

(see, e.g., Supreme Court Decision 2011Do3146, Feb. 23, 2012). The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant began to cultivate garry, Cheonguri, etc. in order to produce research fees in advance since 2007, and around that time, the Defendant established a corporation from other persons upon receiving education at the Agricultural Technology Center, etc.