The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Error of facts, etc. [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)] 1] The Defendant, as a person in charge of research, requested student personnel expenses according to due procedures by meeting the legitimate requirements, and the victim B University Industry Cooperation Foundation (

(B) The Defendant’s H Research Center (hereinafter “Research Center”) will pay the student personnel expenses after examining the requirements for the payment of the student personnel expenses.

) Researchers working in the Institute (hereinafter referred to as “students”)

(2) Since there is no obligation to inform the student research institute of the actual labor cost, it cannot be deemed that the Defendant deceivings the victim’s industrial group. In other words, as long as the student research institute participated in the actual research task, the victim’s industrial group shall pay the student labor cost according to the details stated in the research plan, and the student research institute’s use of the said paid labor cost after the fact is merely a follow-up use of the labor cost, and thus, the act of receiving the student labor cost does not constitute fraud because there is no deception and fraud. 2) The Defendant did not operate the student research institute’s labor cost, research scholarship, etc. deposited into the account of the student research institute in the form of a joint management without having

The Defendant did not collect the amount exceeding the agreed wage after 2011 (hereinafter referred to as “excess amount”) or create a joint account and manage it, or did not manage each student researcher’s account, passbook, seal, etc. en bloc.

Even without the approval or permission of the defendant, student researchers were able to freely dispose of the excess labor cost deposited into the account, but the excess labor cost is due to the voluntary agreement of student researchers.