Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative of the "C Medical Care Center" on the 6th floor of the building B in Yongsan-si.

No person shall receive subsidies by false application or by fraudulent means.

Nevertheless, the Defendant received subsidies totaling KRW 30,075,420 from that time until February 25, 2016, including, but not limited to, the fact that he/she had not performed his/her duties as a sanitation supervisor at the above C Care Center (hereinafter “C Care Center”), by filing a false report with the Defendant to the G Care Center, which is the competent administrative agency, on June 25, 2015, the Defendant received additional subsidies of KRW 3,613,910.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement made by a witness F in the fourth trial record;

1. Details of administrative disposition, unjust amount, and administrative disposition following the on-site investigation conducted by a long-term care institution;

1. In the investigation report (verification of the terms and conditions of long-term care benefits), the Defendant’s details of the payment of long-term care benefits, and his/her defense counsel, the Defendant filed a human resources report with a sanitarian, and the Defendant does not meet the monthly standard working hours. As such, the Defendant’s act alone does not constitute a case where the Defendant received a subsidy by “a false application or other fraudulent means” under Article 40 of the Subsidy Management Act, and the Defendant’s claim that the “expenses for long-term care benefits” claimed by the Defendant does not constitute a subsidy under the Subsidy Management Act

1. First, we examine the above argument.

"False application or other improper means" as stipulated in Article 40 of the Subsidy Management Act means active and passive means that a deceptive scheme or other act deemed unlawful by social norms is not eligible to receive subsidies in a normal procedure, which may affect the decision-making on the grant of subsidies.