The part concerning Defendant A and B (the second judgment of the court below) shall be reversed.

Defendant

A shall be sentenced to four months of imprisonment;

A. misunderstanding of facts (as to Defendant A and B (not guilty part), it is reasonable to see that the O comprehensively entrusted the pertinent duties to the F Training Center, an incorporated association (hereinafter “instant Training Center”) to the extent of the area of juvenile personal camping projects. Since the instant Training Center is strictly prohibited from using the instructor fee, which is a national subsidy received from the Ministry of Culture, Sports and Tourism through theO, for other purposes while performing the pertinent camping projects, the instructor fee of this case, which is a national subsidy from theO, is used for other purposes, Defendant A and BO, the crime of embezzlement is established as long as it arbitrarily used the instructor fee of this case received through Defendant A and BO during the custody of the instant training center for the instant training center, and the Defendants received the above instructor fee under the status of the assistant project operator or indirect project operator with respect to the foregoing personal camping conducted by theO. Thus, the Defendants also constitute the subject of the crime of violating Articles 40 and 41 of the Subsidy

B. The sentence (5 million won of fine) imposed by the court below against Defendant U is too uneasible and unfair.

2. Ex officio determination

A. Prior to the prosecutor’s judgment on the grounds for appeal against Defendant A and B, the prosecutor examined the case ex officio prior to the judgment on the grounds for appeal against the above Defendants, and the prosecutor applied for permission to amend the indictment with respect to “the joint criminal conduct of Defendant A and B” in the facts charged against the above Defendants as follows and applied for permission of this court to modify the indictment with respect to deletion of selective facts charged. As such, the judgment of the court below against the above Defendants cannot be maintained as they are due to the change in the subject of the judgment

B. On July 10, 2008, the new facts charged (the defendant A and B's co-principal) permanent residence case changed the name of K Training Institute on November 4, 2010 to K Training Institute in the case of permanent residence in order to succeed to and develop the loyalty and academic studies of the old ships and foster human resources with high-quality personality.