The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. On May 4, 2017, the Defendant’s defense counsel issued a notice of appeal on May 4, 2017, on the grounds of mistake of fraud, misunderstanding of legal principles, and misunderstanding of sentencing on all facts constituting an offense, and the Defendant’s defense counsel withdrawn his/her defense counsel’s assertion of mistake of facts and misapprehension of legal principles on the second trial date.

On the other hand, the court of appeals may only refer to cases where the grounds for ex officio examination are included in the petition of appeal or a statement of reasons for appeal submitted within the prescribed period unless it is stated in the petition of appeal. However, with respect to the grounds for ex officio examination, it must be judged without any need to refer to whether the grounds for ex officio examination have been submitted, or whether it has been included in the statement of reasons for appeal (proviso of Article 361-4 (1) of the Criminal Procedure Act). Here, the grounds for ex officio examination include not only errors in the application of statutes or statutory interpretation, but also obvious errors in the application of statutes or statutory interpretation, and unfair sentencing. (See Supreme Court Order 2005Mo564, May 16, 2003, Supreme Court Order 2002Mo338, May 16, 2003, etc.). However, the judgment of the court below in this case contains any error of law by mistake or misapprehension of the legal principles as seen below.

3. Determination on the nature of fraud

A. The summary of the facts charged in this part of the facts charged in this case is as follows.

From January 13, 201 to April 7, 2015, the Defendant is selected as a subsidized business operator who is a public contest for the Ministry of Agriculture and Forestry (hereinafter referred to as the “Ministry of Agriculture and Forestry”) of the former Ministry of Agriculture and Forestry under the jurisdiction of the Republic of Korea from January 13, 2011 (hereinafter referred to as “E”).