A. Defendant A is an internal director of the Company B, who manufactures and holds biological agents.

A person who manufactures and possesses biological agents shall report the quantity of possession, details of possession, etc. to the Minister of Trade, Industry and Energy and keep books and record and maintain the quantity of manufacture and possession, record or preserve books, or record or preserve false records or data.

Nevertheless, on April 19, 2019, the Defendant entered the amount of possession as 136 illness (vial) in the account book, despite the fact that the actual amount of possession is 141 disease (vial) in the laboratories of D University C located in Seongdong-gu, Seoul.

Accordingly, the defendant recorded the amount of biological agent's possession in a false manner.

B. Defendant B, a inside director, entered the shares of biological agents, etc. in a false manner as above.

2. Determination

A. The subjective element of the constituent element of a crime refers to the case where the possibility of occurrence of the crime is uncertain and it is acceptable. The possibility of occurrence of the crime is recognized in order to have dolusent intent, as well as the intent to deliberate in order to allow the risk of occurrence of the crime. Whether or not the actor has accepted the possibility of occurrence of the crime must be determined based on the specific circumstances, such as the form of the act and the situation of the act performed outside, not dependent on the statement of the offender. In light of how the possibility of occurrence of the crime is assessed, the psychological condition should be confirmed from the standpoint of the offender. In such a case, dolusive intent, which is the subjective element of the crime charged, should be confirmed.