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The judgment below
The guilty part against Defendant B is reversed.
Defendant
B shall be punished by a fine of 20,000,000 won.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts in the statement of reasons for appeal submitted on June 27, 2012 after the expiration of the period for filing the statement of reasons for appeal, is examined only to the extent it supplements the grounds for appeal. A) As to the fraud and occupational embezzlement of research funds, each research task granted by Defendant A, K, L, each individual and company from the Rural Development Administration shall be included in the production and commercialization of eco-friendly farming materials, and thus, it is decided that each research task granted by Defendant A, K, and L shall purchase the raw materials of the product for the research expenses. As such, the above Defendant did not have any criminal intent to commit fraud and embezzlement. (B) As to the occupational embezzlement of farming materials sales proceeds and advisory fees for farming materials and embezzlement, the withdrawal of the company's funds by deeming that it was paid the above Defendant's funds, not for the interest of the said individual, but for the sake of using funds for the company, such as self-payment of expenses to farmers, business expenses to related agencies, etc., and thus, it is impossible for the Defendant to use the aforementioned illegal acquisition intent or embezzlement.
C) As to the crime of occupational breach of trust due to fraud on personnel expenses of participating researchers and unfair payment of personnel expenses for daily employed workers, this is paid by the above defendant through central management to fairly pay them according to the degree of participation of the researcher. The above defendant paid them as personnel expenses, scholarships, etc. in the company, and some of them paid to the above defendant to the head of the Tong as the expenses of the student's living, and the cash secured through central management was used as the expenses of the company's operating expenses, laboratory operating expenses, and the expenses for attracting environment-friendly agriculture center, so the above defendant has no intention of unlawful acquisition, fraud, and breach of trust.