The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In a case where: (a) a person for whom seven years have not passed since a suspended sentence was imposed due to a crime under Article 40 of the Act on the Management of Subsidies (hereinafter “the Subsidy Act”) by misunderstanding the facts and misapprehension of the legal principles; and (b) a person for whom seven years have not passed since the sentence became final and conclusive; (b) a person was newly established on January 26, 2012 under Article 35-2 subparag. 2 subparag. 1 and Article 7(3) subparag. 7(b) of the Social Welfare Business Act that prevents a person from becoming a worker of a social welfare foundation or social welfare facility.

8.5. It was in force.

On May 1, 2012, before Article 35-2 subparag. 2 subparag. 1, 7(3)7(b) of the Social Welfare Business Act enters into force, the Defendant was employed in a protective workplace under the Korea Foundation, which is a social welfare facility. As such, the Defendant was employed in the said workplace by hiding the grounds for disqualification.

subsection (b) of this section.

Therefore, the Defendant’s act of receiving subsidies under the pretext of pro rata to August 2012 as an employee of the above workplace does not constitute “an act of receiving subsidies by false application or other unlawful means” prohibited under Article 40 of the Subsidy Act.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles 1) Article 35-2(2)1 and Article 7(3)7 of the Social Welfare Business Act concerning the grounds for disqualification of employees of a social welfare foundation or social welfare facility was newly established on January 26, 2012 and came into force on August 5, 2012, and employees of a social welfare facility with grounds for disqualification are prohibited from working as employees of the social welfare facility no longer after the enforcement date thereof.

Nevertheless, if he/she received a subsidy as a worker of a social welfare facility, it constitutes “the receipt of a subsidy or indirect subsidy by false application or other unlawful means” prohibited by Article 40 subparag. 1 of the Subsidy Act, which was employed by him/her prior to the enforcement date thereof, and was engaged in social welfare facilities.

The same shall also apply (as above).