The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (the suspended sentence of KRW 2 million in the amount of punishment) is too unfluent and unreasonable.

2. It is recognized that the Defendant established and operated a regional child center for children subject to social care for about two years from June 16, 2011 without subsidization from the operating expenses of the State and local governments; there is no record of criminal punishment; the Defendant returned the full amount of the subsidies used and the illegally received meal expenses received after being subject to administrative disposition of 15 days of business suspension due to the instant crime; and that the children and parents using the child center and their parents want to be placed in the Defendant.

However, even though the Defendant received subsidies of an amount equivalent to KRW 6,878,00 each month from the State and Jeonju City, the Defendant used subsidies of KRW 5,280,660 in total for other purposes, and received subsidies of KRW 2,935,50 in total from April to April 2013, 2014 by claiming false subsidies of meal service costs of KRW 2,935,50, and the nature of the offense is not negligible, and taking into account the sentencing conditions indicated in the instant records and changes theory, such as the Defendant’s age, sexual behavior, and circumstances after the crime, etc., the lower court’s punishment is too unfilled and deemed unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 41 and 22 of the former Subsidy Management Act (amended by Act No. 13931, Jan. 28, 2016; hereinafter “former Subsidy Act”) on criminal facts, and Article 40 of the former Subsidy Act (amended by Act No. 13931, Jan. 28, 2016; hereinafter “former Subsidy Act”).