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(영문) 전주지방법원 2016.11.24 2015노1505

사기등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 20,000,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s defense counsel’s submission period for the statement of grounds of appeal shall be determined only to the extent it supplements the grounds of appeal as stated in the statement of grounds of appeal, with respect to the grounds of appeal as stated in the statement of grounds of appeal filed on July 18, 2016 and on July 21, 2016.

1) The Defendant, from around 2008 to December 2012, 201, is the director of the research department of MU and the director of the medical department of the medical college of MU who performed his/her duties and is the director of the medical department of the medical college of MU’s medical college.

(A) Research, publication of a thesis, application for school expenses, and other direct involvement in the operation of the autopsy school room, and AM, which was in the post-doctoral degree of doctoral degree, actually engaged in the operation of the autopsy school room and carried out research related to the management of funds. Considering the following specific circumstances, the Defendant cannot be deemed to have committed a crime with respect to some of the facts charged or to have participated in the accomplice’s crime. Nevertheless, the judgment of the court below convicting the Defendant of all of the facts charged of this case, which affected the conclusion of the judgment, is erroneous in the misapprehension of the facts and the judgment of the court below, which affected the conclusion of the judgment. (A) The Defendant did not directly participate in the process of receiving money, and only transferred this fact from the administrative assistance of the autopsy school room after deposit of money.

(2) The Defendant did not know that money was deposited in AM’s account No. 3, and was aware that academic hygiene W was directly participating in experiments and the preparation of a thesis.

B) The Defendant, No. 2, No. 1 of the List of Crimes (2) related to the Examination of Graduates and the Suspension of Conferment of Degrees (1) was not U’s leader, and U was believed to have directly participated in the experiment and the preparation of the thesis. (2) The Defendant, No. 2, No. 5, and No. 8, the List of Crimes (2, No. 5, and Q.