A. According to the evidence submitted by the prosecutor of the misunderstanding of facts and legal principles, the court below acquitted the defendant about the facts of this case, even though the defendant was found to have had the intention to acquire a subsidy of three million won from the old city of the victim, by mistake of facts and misapprehension of legal principles.

B. The lower court’s holding that the lower court’s exercise of the right to direct an unfair lawsuit is unlawful, since it was an exercise of the right to direct an unfair lawsuit, which led H to the refusal of testimony during the examination of the witness of H.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The lower court’s judgment: (a) concluded a contract with the Defendant under the name of the Defendant’s wife H at the lower court; and (b) the Defendant did not appear.

The evidence presented by the prosecutor is insufficient to acknowledge the fact that the defendant received subsidies by unlawful means in collusion with D representative E, on the grounds that the document was prepared and submitted as notified by HDo J, and the content of the subsidy project is well known, and the defendant did not explain the method of receiving subsidies to the defendant.

B. If the circumstances alleged by the court below are added to the following circumstances known by the records, the court below's decision does not err by misunderstanding of facts and by misapprehending of legal principles as alleged by the prosecutor.

① The prosecutor testified to the effect that H gave the Defendant an explanation of the subsidy at the lower court, and the Defendant also testified to the effect that H gave an explanation of the subsidy.

The argument is asserted.

However, considering the statement of H and the defendant as a whole, the defendant delegated all the activities related to the low temperature warehouse to H and did not know it well.

(2) The account opened in the name of the defendant on June 21, 2018 shall be the E account, as alleged by a public prosecutor.