1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a corporation established on October 22, 2003 pursuant to the Promotion of Industrial Education and Industry-Academic Cooperation Act (after this, the title was changed to the "Act on Promotion of Industrial Education and Industry-Academia-Research Cooperation") with a view to taking charge of affairs concerning industry-academic cooperation at Auniversity.

The defendant is a person who was the head of A University electricity engineering and professor and C Center (C; hereinafter referred to as the "C").

B. The Plaintiff, who performed national research and development projects, was selected as a research execution institution with regard to the total of 13 research and development projects, such as E, as indicated in the attached Form as supervised by the Ministry of Education, etc., and the Defendant, as a person in charge of research and development projects, from September 2012 to December 2015

C. The Plaintiff received research and development expenses from the Ministry of Education, etc., and paid the student personnel expenses to the student researcher account in the name of each research task, and the remainder of the research and development expenses was paid to the Defendant. However, the Defendant has managed and used the means of access to the account in the name of each student researcher by the method of withdrawing the student personnel expenses deposited to the student researcher (hereinafter “joint management of student personnel expenses”).

(2) On January 13, 2017, the Defendant: (a) prepared an application for national research and development projects and plans, etc. under the pretending that a student researcher was planning to jointly manage the personnel expenses of his/her own account while managing his/her own personnel expenses, and received the full amount of his/her personnel expenses in the said account and used them; (b) deceiving the Plaintiff; and (c) defraud the Plaintiff of the total amount of the personnel expenses of his/her research and development from the Plaintiff. The Defendant was sentenced to a criminal sentence of KRW 537,957,080 from the Plaintiff.

(former District Court 2016 High Court 1019). The Defendant appealed against this and appealed, but all of them.