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The judgment of the court below is reversed.
Defendant
A Imprisonment for six months, Defendant B, and C are punished by a fine of 10,000,000 won, and Defendant D.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) The construction of the “O” drama was carried out as part of the M development project, and thus, each official document listed in the attached list of crimes (hereinafter “each official document of this case”) does not contain any fact contrary to the truth, and even if it is judged that the facts were contrary to the truth, the Defendants believed that the construction of the “O” drama was carried out as part of the M development project, and thus, the Defendants were guilty of the facts charged of this case even though the Defendants did not recognize that each official document of this case was false at the time of the preparation and execution of each official document of this case. The court below erred in the misapprehension of facts.
2) The lower court’s sentencing against the illegal Defendants is too unreasonable.
B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.
2. Determination
A. The lower court’s determination on the Defendants’ assertion of mistake of facts 1) In light of the following circumstances acknowledged by comprehensively taking into account the adopted evidence, the lower court determined that each of the instant official documents was an official document prepared falsely, and that the Defendants clearly recognized that each of the instant official documents was false.
The decision was determined.
① M 조성사업은 당초 L 자치 단체 이 보조사업자였으나 V 영농조합법인을 거쳐 농업회사법인 W[ ㈜X으로 명칭 변경] 이 민간 보조사업자로 참여하여 L 자치단체 으로부터 보조금을 받아 ‘O’ 드라마 세트장을 건립하였다.
The term “O” type of drama sets, unlike the general drama sets, did not have a building consisting of a total sum, but the wall was created in a joint board, and there was no specific facility inside the building so that the wall can be changed at any time in the course of drama shooting (the main body of the drama was not determined at the time of construction).