The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) The account of the head of a nursery operated by the defendant on the violation of the Infant Care Act was mixed with money deposited by the defendant individually for the operation of the nursery, childcare fees under the Infant Care Act in addition to the subsidy paid by the Seoul Metropolitan Government.

Therefore, even if the defendant used some amount of the above passbook account for personal purpose, it cannot be viewed as a useful subsidy granted by Seoul Metropolitan Government.

(2) As to the fraud, there was no criminal intent to obtain long-term childcare fees from the Defendant. Even if the criminal intent is recognized as a domestic crime, the excess of the long-term childcare fees is KRW 4,607,730.

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

2. Determination

A. Before the judgment of the court below on the grounds for appeal of ex officio determination, the prosecutor replaced the attached list 2 of the crime sight table 2 to the annexed list 2 of this case, deleted the "victim" from the "victim H of the original son," and applied for permission to change the victim to Gangnam-gu as "14 persons," and the subject of the judgment was changed by this court's permission. Thus, the judgment of the court below cannot be maintained.

Although there are such reasons for ex officio reversal, each argument of mistake of facts and misapprehension of legal principles by the defendant is still subject to the judgment of this court.

B. As to the violation of the Infant Care Act, the Defendant in this part of the facts charged is a person who operates the “E Child Care Center” (hereinafter “E Child Care Center”), which is part of the Seoul Metropolitan Government’s subsidies for personnel expenses and operating expenses, in Gangnam-gu Seoul Metropolitan Government.

(b) Anyone shall employ child-care centers;