사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) On the part of the crime of fraud by using computers, etc., H, the final objective of the crime No. 1 (A) stated in the judgment below, was supplied as stipulated in the contract.
The personnel expenses of AR as listed in Nos. 4, 7, 11, 15, 21, 23, 26, 31, 34, and 37 were paid to AR-friendly BS in which the actual employment was made. The personnel expenses of AR as listed in Nos. 8, 12, 16, 20, 24, 27, 32, 35, 38, 39, 40, 42, and 43 are different from the actual amount paid.
B) In the case of Section 1-2, Section 2-3, Section 8, Section 10-14, Section 16, Section 18, Section 22, Section 23, and Section 26 of the crime committed in the judgment of the court below, the personnel expenses of Section A-2 and Section A-26 were paid according to the actual work performed. The personnel expenses of Section 15, Section 17, Section 17, 19, Section 21, Section 24, Section 25, Section 27, and Section 30 of the crime committed in the judgment of the court below are different from the actual work performed. 2) In the case of Section 2-2 and Section 3 of the crime committed in the judgment of the court below, the goods provided in the contract were supplied normally.
B. Legal principles 1) Research funds for technology development projects (hereinafter “technology development funds”).
funds deposited in the integrated account shall be D Co., Ltd. (hereinafter “D”).
2) Since the payment of technology development costs is owned by a major institution such as a computer, etc., it cannot be the object of the crime of fraud by use of a computer, etc.
3) The project cost under paragraphs (a) and (4) of Article 1 of the facts constituting the crime in the lower judgment includes the portion of the private contributions D. The amount equivalent to the private contributions does not constitute property interests held by others. 4) Since the use of technology development expenses for purposes other than usage is established as a crime of fraud by using computers, etc. against the total net amount, if it is requested to use it as an idea to use it for the purpose other than usage.
The defendant is not a local government-subsidized project operator.