Defendant

1. The guilty portion of the judgment below A shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment below

(2).

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below acquitted the Defendants on the charge of misconception of facts (the acquittal portion: the charge of taking property in breach of trust among the facts charged in the case of the judgment below 2018 Godan934). According to the evidence submitted by the prosecutor, Defendant A and C, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even if the Defendants were not guilty on the charge of receiving money 48.5 million won in return for an illegal solicitation

B) According to the evidence submitted by the prosecutor on the part of the joint criminal conduct of Defendant A, B, and D, the lower court erred by misapprehending the fact that the Defendants received the delivery of money of KRW 30 million in return for an illegal solicitation in the AL test, and thereby adversely affected the conclusion of the judgment, even if the Defendants were to have received the delivery of money of KRW 30 million in return for the illegal solicitation. 2) The sentence of sentencing and the sentence of sentencing at the lower court, Defendant A: Imprisonment with labor for a year and six months, and Defendant B for a year of suspended execution: imprisonment with labor for

B. Defendant A and C1 were not aware of the fact of the diversion of subsidies by mistake of facts or misapprehension of legal principles (the charge committed: the charge committed in violation of the Act on the Occupational Embezzlement and the Subsidy Management among the charges charged in the lower judgment 2018 Godan934). Defendant A did not receive a report on the relevant matters before March 2016, and there was no intention to illegally obtain subsidies from the Defendants. 2) The sentencing penalty is heavy.

2. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial of a prosecutor’s assertion of mistake of facts, and the conviction of a guilty should be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, there is no doubt of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). The lower court held that Defendant A was a defendant in the Gu group, the procedure and procedure for selecting the players of the Ma group, which took place around December 2014.