All appeals filed by the prosecutor against the Defendants are dismissed.

1. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the Defendants not guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, although the Defendants could fully recognize the fact that they acquired subsidies in collusion with D, etc. by including excessive expenses incurred in growing mushroom.

2. Determination

A. The summary of the facts charged in the instant case is as follows: Cheongdo-gun, Cheongdo-gun, the area subject to E (hereinafter “instant project”); Cheongdo-gun, the chairperson of the instant project, and G and H are the promotion members of the instant project; and the Defendants, I, J, and K are the general support members of the said project.

The project of this case is a national subsidy project with the financial resources of the E Management Fund (funded by water use charges, additional charges, etc.) in order to improve the income of residents in the water source protection area due to the construction of a dam in L, which is 100% of the project cost of various village projects promoted every year by the residents of the village designated as the water source protection area as the general support project cost.

When the Defendants applied for the instant project through the Cheongdo Gun Office under the name of D, G, H, I, J, K (hereinafter “D, etc.”) and the project for the installation of mushroom cultivation plants, the Defendants received a letter of supply for construction costs from the person who installed the mushroom cultivation plant to submit the false supply document to the Cheongdo Gun Office, and conspired to acquire the difference by return it from the person who installed the installation business.

1) Defendants, D, etc. submitted the instant application for the instant project with respect to the installation of mushrooms in the environment and office of the Cheongdo Office around March 201, and the cost of installing the mushroom 16.5 dong in 201 was actually KRW 87,450,00 (1 Dong installation cost, KRW 5,300,000) but the cost of installing the said cost is KRW 102,00,000 (1 Dong installation cost, KRW 6,200,000) as if the cost is required.