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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that K committed an overall act, such as management of business funds, construction of factories, etc. on behalf of the Defendant A with respect to the instant I projects executed by G farming association corporation (the representative director A; hereinafter the “G”), and that K, from the investigation agency to the court below, to the court below, by deceiving the Defendant A and his husband, and the director B, by deceiving the head of the newly constructed factory without the ability to bear the self-paid cost out of the project cost of the instant case, and obtained the subsidies by deceiving the Defendant A and his husband and the former. Defendant A and B did not have the capacity to bear the self-paid cost, and thus, there is an intentional intent to deceiving the head of the Small and Medium Business Corporation with respect to their ability to raise the self-paid cost as long as they received the loans from the Small and Medium Business Corporation because the land and buildings acquired the subsidies are prohibited from using them for other purposes, and thus, it is recognized that the Defendants, who were the public officials in charge of the head of the Si/Gun, were in collusion with the Defendant A and the construction work cost of the instant case.