A. As to the fact that, among the facts charged in the instant case of mistake of facts, the fraud against the Bohyeong-si and the violation of the Subsidy Management Act, the Defendant, as if he did not meet the capital requirements and technical requirements of a forest project corporation under the Creation and Management of Forest Resources Act and its Enforcement Decree, had the competent administrative agency taken the registration of a corporation as an incorporated forest corporation by deceiving the competent administrative agency as if he met such requirements, and received subsidies by ordering the forest project. If the public official in charge knew of the substance of the DNA company, the forest project would not be ordered if he knew of the substance of the DNA company, and thus the Defendant

Nevertheless, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the Defendant (one year and four months of imprisonment, and three years of suspended execution) is too uneasible and unfair.

2. Judgment on the prosecutor's assertion of mistake of facts

A. A corporation seeking to carry out a forest project under the “forest tending and pest control” as stated in this part of the facts charged shall meet the capital requirements (at least KRW 100 million) and the technical standards (at least one technician for forest management of technology Grade I or higher, at least two technicians for forest management of technology Grade II or higher, and at least one technician for forest management under Article 16(3) of the Enforcement Decree of the Forestry and Mountain Villages Development Promotion Act, and at least one technician for forest management of technology under Article 16(3) of the Enforcement Decree of the aforesaid Act, as in the case of D companies. The defendant does not secure funds or technical human resources capable of meeting the above requirements, and establishes a corporation by temporarily borrowing money in the name of capital from credit service providers, and only borrowing the certificate of qualification on the condition that a certain amount of rent is paid from the technicians holding the technical qualification satisfied the relevant qualification requirements.