The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The crime of using the subsidies for determination for a purpose other than that of the specified purpose is likely to disregard the purpose of the subsidy project and result in the failure to receive the subsidies for the project actually necessary, as well as to reveal the moral hazard of public funds, and the nature of the crime is not good. The crime of this case was committed by the defendant for the purpose of using the subsidies for gambling funds, etc.

In light of the nature of the embezzled money, the period and amount of the crime, the user of the embezzled money, etc., the fact that the subsidy granted to the E-welfare center was embezzled for about 3 months, and that the nature of the crime is not very good.

On the other hand, the fact that the defendant recognized the crime of this case, and the defendant recovered approximately KRW 284.5 million out of the total amount of damage in the court below, and the remaining amount of damage was recovered in this court, and the present amount of damage was recovered in full, and the defendant did not have any criminal record exceeding the same criminal record or fine, and the defendant seems to have faithfully worked for about 14 years in the above social welfare center.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is unlimited and deemed unfair. As such, the Defendant’s assertion is with merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled as follows after pleading.

Criminal facts

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

Application of Statutes

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