The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

Defendant

A, as C University food engineering and professor, concurrently serves as the head of C University D from around December 2013, and Defendant B served as a full-time researcher with C University Food Engineering from around March 2007, and served as a full-time researcher from around December 2013 to September 23, 2016.

An industry-academic cooperation foundation for victim C-university entered into an agreement with the Ministry of Oceans and Fisheries, the Rural Development Administration, etc. to conduct research projects, and have professors, etc. belonging to C-university perform the relevant research projects under the management and responsibility of victims after receiving support or payment of research expenses, etc. from the above government departments, etc., and settle the balance of the research expenses and return the amount unfairly executed to the government department

The Defendants, while conducting various research tasks through victims, opened the instant account in the name of Defendant B separately, and collected part of the personnel expenses of the participating researchers as the said account (hereinafter “instant joint management account”) to jointly manage them, with the intent to use them for personal withdrawal equipment, personal thesis publication fees, and laboratory meal expenses, etc.

In fact, even if the victim's research funds manager has remitted the research personnel expenses for the researchers under the jurisdiction of the Defendants, the Defendants thought to recover part of the remittance to the joint management account of this case and jointly manage it and use it as personal withdrawal equipment, etc., and therefore, the Defendants did not intend to pay the full amount of personnel expenses to the pertinent researchers, despite the absence of an intent to do so, by applying the full amount of personnel expenses for the research personnel expenses of the research institute around November 1, 2013, and deceiving the victim's person in charge of the research, and then by deceiving the person in charge of the research funds to transfer the full amount of personnel expenses to the account under the said I's name on November 25, 2013, from the above point of time by the same method.