The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant received a request for infant care from a guardian, and received a usage card (child Love Card) in lieu of the payment of care expenses, and thereafter received KRW 32,133,240 as childcare fees paid on behalf of the guardian from Kim Jong-si, and thus, the said money is not subsidized from Kim Jong-si.

Nevertheless, the judgment of the court below convicting the defendant of this part of the charges that the defendant received subsidies from Kim Jong-si by improper means is erroneous in the misapprehension of legal principles, which affected the conclusion

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. As to each of the instant criminal facts, the lower court applied Article 54(2) of the current Infant Care Act (i.e., the illegal receipt of subsidies, imprisonment with labor for not more than three years, or a fine not exceeding 30 million won), Articles 22-2 (a) and (2) of the former Infant Care Act (a qualification certificate is leased, imprisonment with labor for not more than one year, or a fine not exceeding 10 million won) to the Defendant’s respective criminal facts of this case, from around December 201 to May 2013, 201.

However, since each of the above provisions was partially amended by Act No. 12697 on May 28, 2014 and enforced on the same day, the current Infant Care Act cannot be applied to each of the above criminal facts committed by a defendant before the enforcement of the current Infant Care Act, and Article 54(2) of the former Infant Care Act (wholly amended by Act No. 12697, May 28, 2014) (the receipt of subsidies, the receipt of subsidies for a period not exceeding three years, or a fine not exceeding 10,000 won), Article 54(3)3, or Article 22-2 (a fine not exceeding five million won) shall be applied.

Therefore, the judgment of the court below can no longer be maintained as there is an error affecting the judgment.

However, the above reasons for reversal are also the defendant.