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(영문) 대전지방법원 2019.09.26 2019노345
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 30,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.

2. The fact that the defendant, who is a professor of the judgment, obtained money equivalent to 67,689,970 won in terms of personnel expenses of research assistants over a long-term period of time is not good, is disadvantageous to the defendant.

However, in full view of all the sentencing conditions that are favorable to the defendant, such as the fact that the defendant recognized all the crimes of this case in the trial and reflects the depth of the defendant, that there is no criminal history against the defendant, that the defendant returned the amount of fraud by the crime of this case to the victim, that the victim expressed his will to have the front wife without being punished against the defendant, that his family member, the professor and the student wanted the front wife against the defendant, that the defendant used a large portion of the profits acquired by the crime of this case as joint laboratory expenses, and that the defendant seems to have used as joint laboratory expenses, the court below's age, occupation, character, character, environment, family relationship, and all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, occupation, character and behavior, environment, motive, means and consequence of each crime of this case, the circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and the summary of evidence acknowledged by the trial court, and the summary of evidence, are identical to the description of each corresponding column of the judgment of the court below, except where the "part of the defendant's written statement" in the second 20th of the judgment of the court below is changed to "written statement of the defendant in the trial of the defendant" among the summary of evidence of the judgment of the court below. Thus, it is cited as it is in accordance with

The laws and regulations;

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