The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant’s “Support Project for the Establishment of Korea Rice Processing Factory” promoted by D is the E Farming Association Corporation (hereinafter “E Corporation”).

(i)the subsidy was not involved in the process of being selected as a subsidized project operator and specified in the facts charged (hereinafter referred to as “instant subsidy”).

(2) The Defendant agreed to directly pay the instant subsidy claim or consented to the transfer of the instant subsidy claim by E corporation. The Defendant’s signing and sealing of an individual letter on the “written consent to transfer of confirmed bonds” as indicated in the facts charged was to confirm that the E corporation was selected as a subsidized business operator to take into account the position of the E corporation in order to promote the construction of a rice processing plant, and that the instant subsidy from D became final and conclusive. Therefore, it cannot be said that the Defendant did not have any intent in breach of trust, and the Defendant’s act does not go against the good faith principle. 2) Even if the Defendant’s act appears to go against the principle of trust and good faith, it appears that the

Even if it violates the relevant laws and regulations and has no legal effect, and L, etc. representingO at the time, was known that the defendant's act was not legitimate within his/her official authority, and if not known, there was gross negligence.

Therefore, D does not bear the state liability againstO, and eventually, since it does not cause any property damage to D, the victim, the crime of breach of trust is not established.

3) In relation to the amount of profit in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), the amount of loss suffered D, the victim, shall be deemed as the amount of state compensation liability to be actually paid to theO. The related civil case (Seoul Western District Court 2012Kahap31000) was recognized as 290 million won as the amount of state compensation liability of D in the first instance court of the case of the Seoul Western District Court 2012Ra31000, and