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(영문) 전주지방법원 2013.07.26 2013노373
공전자기록등위작등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (not guilty part of the reasoning in the original judgment) the Defendants entered the details of the business trip of the auxiliary researchers in the instant research expense management system in a false manner, and forged the official electronic records. Based on this, the Defendants received a total of KRW 3,258,722 from the victims on a total of 100 occasions as the equipment of the supplementary researchers, and acquired them, and there is sufficient evidence supporting this.

Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged on the grounds that there is no evidence to acknowledge that the defendants entered false business trips. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the Defendants (the defendant A: imprisonment of August, the suspended sentence of two years, and the suspended sentence of two years) is too uneasible and unfair.

2. Determination

A. On August 10, 2009, Defendant A, a professor of the marine department of D University, is the assistant researcher of the research service task entrusted by the above E as responsible professor. Defendant B also, as the assistant researcher, conducted a survey on the current status of water quality of discharged water to measure changes in water quality inside and outside the embankment after the Saemangeum Sea Construction (the support institution: the Korea Institute of Marine Research, the research period: from February 24, 2009 to February 23, 2010), and conspired to make a false request for withdrawal equipment of assistive researchers to obtain them from D University Industry-Academic Cooperation Foundation. (A) At D University Marine Laboratory Laboratory located in the Sinsan National University, Sinsan National University, Inc., and Defendant A connected Defendant B to the research expenses (G) managed by D University management system using computers, and the research institute from May 24, 2009 to the South Sea Research Institute, even though the research on water quality of discharged water was not registered as a subsidy.

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