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(영문) 광주지방법원 2015.08.11 2014노1512

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the case of defraudation of personnel expenses, the personnel expenses paid by the victim D University Industry-Academic Cooperation Foundation (hereinafter “ Industry-Academic Cooperation Foundation”) was normally paid to the researchers who actually participated in the research service requested by the Defendant. Since the researchers who received personnel expenses by agreement between the Defendant and the researchers collected part of the personnel expenses and used them as joint laboratory expenses, there is no possibility of deceiving the industry-academic cooperation foundation as if the Defendant claimed less than the actual payment of personnel expenses or the researchers who did not participate in the research were involved in the research service.

In addition, the common expenses collected by the researchers were used as full personnel expenses, meal expenses, travel travel expenses, etc. of the researchers, and the defendant was not used individually, so there is no intention to obtain unlawful profits from the defendant.

B) A person in charge of project project, such as AI or G, prepared and implemented a project plan, and the Defendant was either directly prepared the project plan or managed the project subsidy received therefrom. L Co., Ltd (hereinafter “L”)

2) Since three research tasks are deemed to have been initially expected, it cannot be deemed that there was substantial damage to the ordering agency (Korea Institute of Industrial Technology Evaluation and Evaluation, Gwangju E.K. Institute, and the Small and Medium Business Administration) that paid the project subsidy. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Facts charged;

A. In relation to personnel expenses, the Defendant is a professor of DDR at DDR at D University, who was commissioned by the industry-academic cooperation foundation from around 2004 to the government department, local governments, etc., to engage in various research services, and the project funds following the implementation thereof.