The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unreasonable.

2. The instant crime is deemed to have committed the instant crime by unfairly receiving the difference of the facility subsidies by unfairly filing a false application as if the government installed a large amount of lighting equipment while setting up a small amount of lighting equipment in the project for replacing the lighting of traditional markets conducted by the government. In light of the fact that the method is planned, and the foundation of the subsidy system is collapsed, etc., the social harm is significant, the most of the illegally received amount appears to have been committed by the Defendant, and that the Defendant was not recovered from damage, there is a need to strictly punish the Defendant.

However, considering the fact that the defendant recognized his mistake and divided, there is no same kind of criminal records as the defendant, there is a family member to support the defendant, and other various circumstances that are the conditions for sentencing as shown in the records, such as the circumstances before and after the crime of this case, the age, character and conduct of the defendant, and the environment, the punishment imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 40 of the Act on the Management of Subsidies for Criminal Facts, Article 30 of the Criminal Act (the point of receiving subsidies through unlawful means as stated in Article 1, 3, and (4) of the Criminal Act), Articles 347(1) and 30 of the Criminal Act (the point of fraud as stated in Article 1, 3, and (4) of the Criminal Act at the time of sale), and Article 40 of the Act on the Management of Subsidies.