The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for six months, by a fine of 5,00,000 won.

Defendant .

1. Summary of grounds for appeal;

A. The judgment of the court below that calculated the total amount of the above subsidies by mistake of the legal principles as to Defendant A1 is not KRW 67,100,000, which is the full amount of the subsidies provided at Ansan-si, but is 20,500,000 which the defendants received excessively and wrongfully, and is erroneous in the misapprehension of legal principles which affected the conclusion of the judgment

2) The sentence sentenced by the lower court to the Defendant (two years of suspended sentence in October, and two hours of community service order) is too unreasonable.

B. Each sentence (Defendant A: 2 years of suspended sentence in October, community service order 120 hours in community service order, Defendant B: 5 million won in fine) that the lower court sentenced the Defendants to the lower court is too uneasible and unreasonable.

2. Determination of the misapprehension of the legal doctrine of Defendant A and ex officio determination on Defendant B

A. In the case of exercise of rights by means of deception, if such deception is to the extent that it can not be acceptable as a means of exercise of rights in light of social norms, the act in relation to the exercise of rights constitutes fraud (see, e.g., Supreme Court Decision 96Do1405, Oct. 14, 1997). However, fraud is established by deceiving others, causing mistake, causing a disposal of property, or obtaining pecuniary benefits. Since there is a relationship between deception, mistake, and property disposal (see, e.g., Supreme Court Decisions 89Do346, Jul. 11, 1989; 2003Do3516, Oct. 10, 203; 2003Do3516, Oct. 10, 201), and the portion of the subsidy granted by deception or pecuniary advantage acquired by deception, which is not a means of deception, is not a part of the subsidy granted by deception (see, e.g., Supreme Court Decision 2017Do1948, Dec. 27, 20197).