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. (1) The victim of the instant crime by mistake of facts is not an industry-academic cooperation foundation of the Jeonbuk University but a Republic of Korea.

(2) The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unjustifiable.

B. The lower court’s sentence is too unreasonable.

2. Determination

A. In light of the records, the lower court determined that the victim of the instant crime was an industry-academic cooperation foundation for the North Korean University, not the Republic of Korea, and the victim of the instant crime was a victim of the instant crime in light of the following: (a) the industry-academic cooperation foundation for the North Korean University was registered as an independent corporation and has a legal personality distinct from the Republic of Korea and the Republic of Korea; (b) the subject of each of the instant research service agreements is the ordering entity and the industry-academic cooperation foundation for the North Korean University; and (c) the subject of receipt of research expenses under the instant agreement is the industry-academic cooperation foundation for the North Korean University; and (d) the Defendant is required to submit evidential documents in accordance with the guidelines for the management and operation of academic expenses

Therefore, the prosecutor's argument of mistake is without merit.

B. Although the Defendant is in the position of professor of the National University, which requires high morality and integrity, the instant crime committed by the prosecutor and the Defendant with respect to the assertion on unfair sentencing was committed by deceiving a student who did not participate in the actual research as a researcher while carrying out a research and development project according to the national research and development project, or by deceiving a participating researcher who did not pay labor cost or paid labor cost in whole, for about five years by deceiving an industry-academic cooperation foundation of the former North Korean University, and such crime is highly likely to be committed in light of the method of crime, the period and frequency of crime, and the amount of fraud.