The defendant shall be innocent.

1. The Defendant in the instant facts charged is a C representative and assistant, who received 80% of the subsidies from the Government, excluding 20% of the subsidies, out of total cost of KRW 125,730,000, with respect to the construction of a warehouse for manufacturing and storing natural materials for living environment agriculture.

A subsidy program operator shall obtain approval from the head of a central government agency to change the details of a subsidy program or to revise the distribution of expenses incurred in the subsidy program.

Nevertheless, on March 11, 201, the Defendant submitted a business plan and an application for subsidy to the effect that 21 members will newly construct a warehouse to be used by 35 members at the center of Gosung-gun, Kim Sung-gun (Seoul-Eup) around 11, 201, members C12.2 ha of the Seongbuk-si Office, and obtained approval for the project from Gosung-gun on the 16th day of the same month, and thereafter,

6.2. After receiving the first subsidy on February 24, 2012, around February 24, 2012, the C area was 5.4ha, and even though the project contents of a member was reduced by 9 members, a new warehouse was built by applying and receiving the second subsidy on the 28th day of the same month without submitting an application for business change to the High-gun.

2. Article 2 subparag. 1 of the Act on the Management of Subsidies provides that subsidies (limited to subsidies granted to local governments and granted by the facility funds or operation funds of corporations, organizations, or individuals) granted by the State (including a person who manages and operates funds established pursuant to the Acts specified in attached Table 2 of the National Finance Act) for the purpose of creating such subsidies or providing financial assistance with respect to affairs or projects conducted by non-State entities and determined by Presidential Decree, such as subsidies (excluding those granted pursuant to international treaties) and charges (excluding those granted pursuant to international treaties). Thus, subsidies subject to the above Act are limited to subsidies granted by the State.