The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

1. The lower court’s sentence (one and half years of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant embezzled funds by using the government contributions paid for the faithful performance of research projects for a limited purpose other than the purpose. In light of the fact that the amount of embezzlement exceeds 400 million won and the amount of embezzlement was committed repeatedly over a considerable period of time, the Defendant’s liability for the crime of this case is not easy.

However, on the other hand, the defendant was actively cooperating in the investigation process by dividing his depth into the crime of this case, some of the amount of embezzlement is deemed to have been spent in relation to the implementation of the project, successful performance of most objective projects, deposit KRW 22,897,157 in the court below to recover damage, additionally deposit KRW 124,878,334 in the court below to recover damage, full payment of royalties for some victims, detention for more than four months due to the crime of this case, and the time of self-esteem seems to have been the first offender who has no record of punishment, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive for the crime, and circumstances after the crime, etc., are considered to be unfair because the punishment of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;