The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (legal scenarios) was notified by the Ministry of Education, Science and Technology (hereinafter referred to as the “Ministry of Education, Science and Technology”) that the Defendant would abolish the research promotion grants and the administrative improvement research expenses (hereinafter referred to as “research promotion grants, etc.”) which are labor cost allowances,” and thus, despite the obligation to comply with the audit results, the Defendant paid the amount equivalent to the previous labor cost allowances by changing the budget of the relevant amount in the manner of “research subsidies” and paying it as “research subsidies.”

In addition, the defendant did not report only the abolition of the above research promotion subsidy, etc. to the department, but did not report that the amount of the reduction should be increased and paid as research subsidy.

In light of the fact that the form of the disposition of the curriculum division is merely “notification”, or that there was no discussion about it at the National University Development Promotion Council meeting, and that it was deliberated and resolved by the school affairs committee and the board of directors, it cannot be justified for the defendant’s act that is inconsistent with the audit results and the regular aspect, and that the defendant omitted the report of the above fact in the curriculum division, the intention of breach of trust can

Nevertheless, the court below acquitted the defendant on the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

Judgment

The summary of the facts charged is a person who served as the president of a F University (hereinafter referred to as “F”) from September 29, 2010 to September 28, 2014 and has overall control over university affairs.

Article 9 (2) and Article 9 (2) 9 (Budgetary Items) of the National University (School Directive No. 191; hereinafter “Non-National Treasury Accounting Regulations”) amended on September 6, 2010, the Defendant notified the results of the comprehensive audit by the Department of Curriculum on December 31, 2010, and revised on September 6, 2010 (Budgetary Items).