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(영문) 부산지방법원 2019.06.14 2019노357

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment and two years of suspended execution) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that: (a) the Defendant and the prosecutor’s assertion of unfair sentencing together with the assertion of unfair sentencing by the Defendant and the prosecutor are examined; (b) the Defendant led the Defendant to repent of his mistake while leading to the commission of the crime; (c) the Defendant made efforts to recover from damage, such as making late payment of the money embezzled by the Defendant to the victim D, E, and K after the commencement of the investigation; (d) the Defendant deposited KRW 8,091,120, excluding KRW 7,100,000,000, which was recovered from the government’s illegal receipt of subsidies; and (e) the two projects for the development of the Defendant’s two projects (system development and platform development); and (e) the Defendant did not have any criminal record exceeding the fine.

However, each of the crimes of this case committed by the defendant, taking advantage of the superior position of leading professor, embezzled subsidies paid to graduate students who participated in the research task, and, unlike the purpose of paying them, uses them for personal purposes, and falsely registers graduate students who do not have actually participated in the research task as research assistants of the above task, thereby acquiring subsidies from the State. The defendant uses graduate students as tools for the crime of this case, and as a result of the investigation, threatens the victim D and E, who is the victim, who was the victim, and E, as if he did not follow the agreement, to encourage the preparation of an agreement and written application under the name of each victim, and compel them to do so if they do not follow the agreement, and the contents of the intimidation are considerable connection with the prosecutor's office and court, but it is not difficult for the defendant to give disadvantages to the victims, but even mobilization of organized violence.