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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 25 million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended sentence) by the court below is too unreasonable.
2. The crime of this case is a university professor who has high morality and integrity, but the defendant's research funds are useful, and the defendant's high-quality and bad corporate practices in universities are followed, and the crime of this case is not considered to be less than that of the crime by acquiring a passbook, etc. from the researchers belonging to the research institute of the defendant who are under his direction and supervision and arbitrarily managing them, and by acquiring the amount equivalent to the personnel expenses.
Furthermore, the instant crime was committed for a long period of up to five years, and the sum of the acquired money is the maximum amount of KRW 231 million.
However, considering the favorable circumstances such as the fact that the defendant recognized the crime of this case, the defendant used considerable part of the personnel expenses acquired by the crime of this case as scholarships and tuition fees for researchers, joint expenses related to laboratory operation, etc., the defendant deposited KRW 30 million for the victim, and the defendant paid a considerable amount of research performance in the field of major, etc., it seems that he has been able to concentrate on research and lectures in good faith as a scholars, and that there is no specific punishment power, and that professors, professors and employees in the related field want to take the preference against the defendant, and other favorable circumstances such as the defendant's age, character, character, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc., it is deemed unfair that the court below's sentence is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence are recognized by the court.