배임증재
Defendant
C, E, F, G, H, I, J, K, L, M, N, andO each appeal against the Defendant A, B, and E by the Prosecutor.
1. Summary of grounds for appeal;
A. Under the below, the defendant uses the title "the defendant" only for the defendant who falls under each item, and the remaining defendants shall state only their names.
C, E, F, G, H, I, J, K, L, M, N, and O1) misunderstanding of facts or misunderstanding of legal principles (related to giving rise to breach of trust and giving rise to breach of trust), and the remaining Defendants except the Defendant C (hereinafter “the Defendants”) are members of the Selection Committee who select the two-way farming materials, water supply, and fruit farming supply companies in each Eup/Myeon. It is true that the Defendants received money from Defendant A, B, C, etc. who sell farming materials.
B) However, even if a specific company is selected by the aforementioned Selection Committee, the Defendants are present at the Selection Committee and expressed their intent in accordance with their opinions and do not have the authority to select a supplier of agricultural materials independently. In addition, even if the specific company is selected by the above Selection Committee, the actual supply contract is concluded between individual farmers and farmers, and thus the company selected by the Selection Committee only has the meaning of recommending the individual farmers and the company designated by the Agriculture Committee, and the Defendants do not have the authority to independently select the supplier of agricultural materials. (c) The fact that the companies selected by the Selection Committee concluded a supply contract with the farming association or the farmers and paid the funds to the designated members of each Eup/Myeon to each Eup/Myeon, after entering into the supply contract with the farming committee or the farmers, is merely a delivery of congratulatory money, and Defendant C is also a delivery of congratulatory money within the scope of courtesy, and it does not have the authority to continuously supply the farming materials of the company operated by them. Nevertheless, the Defendants have the substantial authority to select the supply company, and the mere private funds issued by the Defendants are issued.