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(영문) 광주지방법원 2017.06.14 2016노1013
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, Defendant B shall be punished by a fine of KRW 30,000,00, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. The Defendant A committed the instant crime by taking into account the following: (a) the Defendant, who is a professor of the National University, executed research expenses according to the various research and development tasks that must be clean and transparent; (b) obtained false practices that jointly manage the researchers’ personnel expenses, such as personnel expenses, allowances, etc.; (c) the nature of the relevant crime is not very good; (d) the number of times of the crime is high and the amount of damage is not considerable; and (e) the Defendant, as a professor of the National University, recommended Defendant B and C, not delivery of the back to the right way, and recommended the Defendant to correct wrong practices; and (e) the Defendant’s strict

However, considering the following facts: (a) the Defendant’s mistake is divided in depth; (b) the Defendant was the first offender who has no criminal history; (c) the Defendant deposited the total amount of damage for the victim and agreed with the victim at the core; (d) the amount acquired by the Defendant appears to have been used as expenses for the maintenance of a research and development task; (e) the response fund to the enterprises participating in the research; and (e) the technical transfer compensation, etc.; (c) the professor and students of H University want the Defendant’s wife; and (d) other conditions of sentencing specified in the instant argument, such as the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the Defendant’s punishment is too unreasonable; (e) the Defendant’s above assertion is reasonable; and (e) the Prosecutor’s assertion is without merit.

B. Defendant B and C committed the instant crime refers to an erroneous practice that jointly manages the researchers’ personnel expenses while executing research expenses according to various research and development tasks to be clean and transparent.

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