The judgment of the court below is reversed.

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and six months.

[Defendant B] The defendant is punished by imprisonment.

1. The gist of the grounds for appeal is that the victim tried to provide subsidies only when the acceptance bears private contributions while implementing the E business. The Defendants actively enticed the victim and formed the external appearance of the acceptance as if the acceptance would bear private contributions.

However, the court below acquitted the charged facts of this case.

2. An ex officio prosecutor requested the court to modify the indictment of this case in exchange for the purpose of changing it, and the judgment of the court below cannot be maintained as it is, since this court permitted it to change the indictment of this case.

However, there are reasons for the above ex officio reversal, but the prosecutor's misunderstanding of the facts and misapprehension of the legal principles still are subject to the judgment of this court, and this is examined.

3. The prosecutor’s assertion 1) The summary of the public prosecutor’s office 【E Acceptance Ga, the executor’s selection procedure 】 The project is a project to promote efficient use of energy, such as inducing energy conservation and distribution of power, by establishing infrastructure that enables both real-time information and energy exchange between suppliers and consumers by linking information and communications technology with the existing power network.

The 70% of the project cost for the value-added project for the victim industry shall be subsidized as government subsidies, the 30% of the project cost shall be borne by the Claimant as private financing, and the FF Project Bureau (hereinafter referred to as the "Project Bureau") as an incorporated foundation (hereinafter referred to as the "Project Bureau") shall be entrusted to the victim with the implementation of the project and the execution of the funds, and shall be supervised by the victim under the management and supervision of the

On the other hand, the project team should undertake the expropriation of collective housing or general and industrial power; ② the project implementer shall enter into the expropriation price before the project proposal and submit it at the time of receipt of the proposal; ③ the expropriation price and remaining amount to the project implementer in accordance with the agreement.