The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of 30 million won) is too heavy or it is unreasonable to conduct an examination.

2. The Defendant asserted that the amount acquired by deceit is not the above amount but the 91,094,480 won based on the Supreme Court Decision 2019Do1226 Decided July 2, 2020, as a university professor, in violation of the provisions related to research expenses for a long time, the Defendant is a university professor. However, the above case is different from the case of this case in terms of the developments leading up to the original joint management, management method, account manager, account manager, the details of deception, and the details of expenditure.

The responsibility is not easy to take place, and the responsibility is not easy.

However, in full view of various sentencing conditions in the pleadings of this case, including the fact that the defendant is a primary offender, the fact that the defendant is recognized as committing the crime, the fact that most of the defrauded money is expected to be used in connection with the research, the fact that the defendant returned 91,094,480 won out of the defrauded money to the Cuniversity Industry Cooperation Foundation, and the result of administrative litigation, etc. is expressed that the defendant's present and past third parties want to take the measures against the defendant, etc., it is not deemed that the sentence of the court below is too weak, but rather, it seems that the punishment of the court below is too harsh.

Therefore, the prosecutor's argument is without merit, and the defendant's argument is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by the court is identical to that of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.