The judgment below

The acquittal portion shall be reversed.

Of the facts charged in the instant case, the charge of fraud is acquitted. Of the judgment below.

1. Summary of grounds for appeal;

A. In light of the legal principles (as to the acquittal portion), each of the child care fees in this case, which the Defendant received while operating a D child care center, is directly paid to the child care center similar to the subsidies provided in Article 36 of the Infant Care Act, even if the infant care center pays with the child care card. Therefore, it should be deemed as a subsidy

Nevertheless, the court below found the Defendant not guilty of this part of the facts charged. The court below erred by misapprehending the legal principles on subsidies of the Infant Care Act, which affected the conclusion of the judgment.

B. As to the portion of the crime of unfair sentencing (as to the portion of the crime of unfair sentencing), the suspended sentence of the lower judgment (as to the fine of KRW 500

2. Determination

A. Before the judgment on the grounds of appeal on the grounds of misapprehension of the legal principles, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor applied for changes in indictment with respect to the part not guilty as stated in the facts charged below as stated in the “Revised facts charged,” and this court permitted this and thus, the judgment of the court below was no longer maintained.

B. According to the records on the assertion of unfair sentencing, while filing an appeal against the judgment of the court below that partially convicted or partially acquitted, the "Scope of appeal" in the "total" and the "reason for appeal" in the petition of appeal states that there exists an error of mistake of facts and unfair sentencing. However, in the statement of grounds for appeal submitted within a legitimate period, only the grounds for appeal against the acquittal portion among the judgment below can be acknowledged. Thus, Article 361-5 subparag. 15 of the Criminal Procedure Act provides that "when there exists any ground for finding that the amount of judgment is unreasonable" as the grounds for appeal, and Article 155 of the Regulation on Criminal Procedure provides that "the grounds for appeal or response to the written statement of grounds for appeal