The judgment below

The conviction portion is reversed, and this part of the case is remanded to the Changwon District Court Panel Division.

The defendant and defense counsel's grounds of appeal are also examined.

"False application or other unlawful means" under Article 40 of the former Act on the Budgeting and Management of Subsidies (amended by Act on the Management of Subsidies, Act No. 10898, Jul. 25, 201; hereinafter referred to as the "Subsidy Management Act") means affirmative and passive acts that may affect the decision-making on the grant of subsidies, such as deceptive schemes, even though they are not entitled to receive subsidies under the same Act, through normal procedures.

In addition, in light of the fact that the provisions of the above law punishs only a person who actually received a subsidy, etc., and the attempts to do so are not provided for in the same law, and that Article 42 of the same Act provides a separate penal provision on the violation of the individual procedures for administrative subsidy, etc., the purport of the provision is not to punish the violation of the State's financial interest as the legal interest protected by the law and abstractly, and to punish the violation of the order or fairness in the administration of subsidy, or the violation of the individual procedures for administrative subsidy. Thus, the phrase "the case of receiving a subsidy by unlawful means" under the provision of the same Article refers to the case of receiving a subsidy in excess of the amount to be granted or to be granted to a business or business which is not subject to the subsidy, and even if the subsidy was used as a means that may be deemed to lack a somewhat legitimate legitimacy in receiving the subsidy, it does not constitute the case where

(see, e.g., Supreme Court Decision 2006Do8870, Dec. 27, 2007). According to the record, Gohap-gun’s application is between 2008 and 2010, upon the application of the D Center (hereinafter “D Center”).