2017No99 Fraudulent

A

Defendant

Yang Dong-hun (prosecution) and Kim Jong-chul (Trial)

Attorney Q, AR, AS

Law Firm H

Attorney I, AT

Jeonju District Court Decision 2016Ra1019 Decided January 13, 2017

August 25, 2017

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment of the lower court (three years of imprisonment, four years of suspended execution, etc.) is too unreasonable.

2. Determination

The fact that there is no past criminal punishment for the defendant, the fact that the defendant recognized the crime of this case and reflects the mistake, the fact that the substantial part of the acquired amount is used as the laboratory operating expenses or paid to the student as the terms of personnel expenses and incentives, the court below made efforts to recover damage by depositing the total amount of KRW 170 million for the defendant who was registered as the researcher at the court below, the president of the university, the president of the industry-academic cooperation foundation, and the students want to care for the defendant's preference, and the fact that the university president, the president of the university, the president of the industry-academic cooperation foundation, and the students were employed as university professors for a long time and have been dedicated to academic research

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the crime of this case was committed by deceiving the money by deceiving the Foundation for Industry-Academic Cooperation of the Korea University as if the defendant did not pay all or part of personnel expenses to the participating researcher; (b) the damage amount caused by the repeated crime over a long-term period exceeds KRW 500 million; and (c) the defendant is in a position to have high morality and integrity as a professor of the Korean University, while performing research tasks requested from the public organizations such as the Korea Research Foundation, it is highly likely to criticize that the defendant's inherent and bad behavior in the university, such as the use of research expenses, was done.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Presiding Judge and Vice Judge

Judges Kim Gin-han

Judges Choi Jong-ap