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The judgment of the court below is reversed.
Defendants are innocent.
Reasons
1. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is the president of the (g) E (hereinafter “E”) in charge of the drama festivals, and Defendant B is the Secretary General of the said E.
In the process of preparing a drama and incidental event on January 2008, when the Defendants received subsidies from the State or a local government, they were required to apply for a certain portion of money on the premise of receiving subsidies from the State or a local government, but they were unable to prepare a self-paid contribution due to a shortage of funds, once they provided a loan to others, offered to use the subsidies received from the government offices to repay the borrowed money, and requested the F to create a bank account in the name of F by using the subsidies appropriated from the government offices, in a specific way, and requested the F to create the bank account in the name of F by receiving the passbook from the F, and manage the passbook and seal, and paid it to F as if the funds were paid to F with various kinds of expenses related to dramas, the Defendants returned the remitted money to the said account in the name of F, and then withdrawn
(1) From October 6, 2008 to October 21, 2008, the Defendants, under the supervision of E, had 65,500,000 won in total project cost of KRW 25,50,000 in Gyeongnam-do subsidies in order to hold the 3-time Jatrical project, which is an incidental event of the 20-time drama festival.
The Defendants, around October 12, 2008, decided to hold a public performance by inviting the “M” drama operated by the F to hold a public performance by inviting the work of “M” by the L theater, but there was no reason for the F to pay the performance fee separately on the wind where the performance is revoked. In addition, the first Defendant A agreed that the performance was performed by F in advance with F in exchange for free.
Nevertheless, the Defendants are pretended to have performed “M” and paid performance fees accordingly.