사기
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 10,000,00 and by a fine of KRW 7,00,000.
1. The summary of the grounds for appeal is that the Defendants, even though they did not intend to pay the full amount of personnel expenses even if they filed a claim for personnel expenses with the C.C. Industry Cooperation Foundation (hereinafter “victim”), deceiving the victim as if they were to pay the full amount of personnel expenses, and the facts charged in the instant case were proved without reasonable doubt, the lower court acquitted the Defendants of this error
2. Determination
A. The summary of the facts charged in the instant case is that Defendant A was in office as C University food engineering and professor around March 1997, and was concurrently in office as C University D from around December 2013 to the present date. Defendant B was in office as a full-time researcher with C University food engineering from March 2007 and was in office as C University D from around December 23, 2013 to September 23, 2016.
The victims enter into an agreement with the Ministry of Oceans and Fisheries, the Rural Development Administration, and the Ministry of Oceans and Fisheries, and the Ministry of Government Administration, etc., have the professors belonging to Cuniversity perform the relevant research task under the management and responsibility of the victims, and settle the balance of the research expense and return the amount to the above government department, etc., if there is an undue amount of the research expense, and the research expense shall not be used for any purpose other than the original purpose, and personnel expenses out of the research expense shall not be paid to the individual account of the participating researchers, and the joint management of the personnel expenses by the participating researchers
The Defendants opened a bank account in the name of Defendant B (F; hereinafter “instant account”) separately in the course of conducting various research tasks through the victim. Part of the personnel expenses of the participating researchers were collected from the said account to be jointly managed and used for personal exit equipment, personal thesis materials, and laboratory meal expenses.
Defendants.