The judgment below

The guilty portion shall be reversed.

Of the facts charged in the instant case, the charge of occupational embezzlement is acquitted.

1. Summary of grounds for appeal;

A. In relation to the Defendant’s occupational embezzlement, the first and the J participated in the F Research Project (hereinafter “the instant Research Project”) as a research subsidy, and G received personnel expenses deposited in its name upon request from the J and I due to personal circumstances, and there was no fact that the Defendant received a separate report on the details of the project from G or ordered it to receive money directly from G or from I in the process.

Therefore, the Defendant did not have embezzled in collusion with G as stated in this part of the judgment below.

B. (1) According to the evidence submitted by the prosecutor, the court below found the Defendant guilty of the charge of forging private documents and exercising the above investigation documents among the facts charged in the instant case, but found the Defendant not guilty of the facts.

(2) The sentence of the lower court (one million won in penalty) that is unfair in sentencing is too unhued and unfair.

2. Determination

A. Determination on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine (1) The summary of this part of the facts charged was that the Defendant received KRW 10 million from the victim E-convalescent hospital as a person in charge of the “F” research task that entered into a research station agreement with D University Industry-Academic Cooperation (hereinafter “F”) on November 21, 2012, and received KRW 20 million from the victim E-convalescent hospital through the research development cost of the said research task. In addition, the Defendant received KRW 10 million from the victim E-convalescent hospital, and kept the research cost of KRW 20 million.

Despite the fact that there was an occupational duty to properly manage the research costs of the above research task in accordance with its use and purpose, the Defendant conspired with G in collusion with G to use the remaining balance of the research task for personal purposes.

On July 18, 2013, the Defendant had participated in the aforesaid research task at D University located in Sungnam-si H in Sungnam-si.