횡령등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (the fact-finding) is that the Defendant purchased the 3rd debt of this case in total of KRW 20,00,000 per kilogramg and KRW 15,00,00,000, and there was no embezzlement of the money of the victim F, etc., as well as that there was no embezzlement of the money of the victim F.
2. Determination
A. In the case of the amendment of the indictment, the prosecutor shall regard “violation of the Subsidy Management Act” among the facts charged in the instant case as “Fraud” and “Article 40 of the Subsidy Management Act” among the applicable provisions of the Act as “Article 347(1) of the Criminal Act” and the facts charged are as follows.
1) The lower court’s judgment was no longer maintained inasmuch as the amendment of the indictment was applied for as stated in the foregoing paragraph, and the subject of the judgment was changed upon permission by this court. (B) A summary of the facts charged was that the Defendant was no longer able to maintain the judgment. (B) On February 13, 2013, at the E’s house located in Chungcheongnam-gun, Chungcheongnam-gun, North Korea, with four members, such as the Defendant and F, the Defendant organized a three-g group gathering group “,” and on March 13, 2013, purchased a total of KRW 16,000,000, total of KRW 12,000,000 from H I agricultural partnership located in Chungcheongnam-gun, Hadong-gun, Seoul, in total.
Nevertheless, on March 18, 2013, the Defendant opened an agricultural bank account under the Defendant’s wife K account, and subsequently, around March 19, 2013, made a false appearance as if the Defendant purchased KRW 750 km of the said 35 million by way of remitting KRW 15 million to the said I agricultural bank account through the said account and returning the said KRW 15 million to another head of the Tong.
Since then, on March 21, 2013, the Defendant: (a) deceiving the public official in charge of subsidies by submitting an application for subsidies, attaching a copy of the above passbook, etc. to the public official in charge, as the Defendant purchased at KRW 15 million in the office of the Ulsan-gun, Ulsan-gun, Chungcheongnam-do, Ulsan-do, Seoul-do-ri 4.64, Ulsan-do-ri; and (b) deceiving the public official in charge on March 21, 2013; (c) around March 21, 2013, KRW 15 million, 700,000,000,000 won as the purchase cost of the above tri