1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court of first instance is as follows, with the exception of the additional determination under paragraph (2) as to a new argument in the trial, the reasoning of the court of first instance is as stated in the reasoning of the court of first instance. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court, the "Violation of the Subsidy Act" in Part 18 shall be committed as the "Violation of the Subsidy Management Act".

Part 4 of the judgment of the first instance shall be deleted from " received" in Part 3.

In the fourth sentence of the first instance judgment, the "before the amendment" in the fifth sentence shall be added to the "former Subsidy Act" (hereinafter referred to as the "former Subsidy Act").

Nos. 5 through 14 of the text of the judgment of the first instance, 1) “False application or unlawful means,” which is the requirement for the recovery of subsidies under Article 33-2(1)1 of the former Subsidy Act, means active and passive acts that may affect the decision-making on granting of subsidies, such as deceptive schemes, although it is not possible to receive subsidies through normal procedures (see Supreme Court Decision 2016Do8419, Nov. 24, 2016).”

2. Additional determination

A. Whether the Plaintiff’s assertion constitutes “a case of receiving subsidies by false application or fraudulent means” under Article 33-2(1)1 of the former Subsidy Act, which is the basis of the instant disposition, should be determined by considering whether actual damage occurred, and whether the purpose of granting subsidies has been damaged. Therefore, unlike the relevant criminal judgment, the said provision should be interpreted as “where the purpose of granting subsidies is not achieved or is damaged due to a violation of the provisions on support, etc. for new and renewable energy facilities and construction standards, and where it is necessary to recover subsidies.”

In this case, the plaintiff is about E, etc. who is an unqualified business entity.