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All of the appeals by prosecutors are dismissed.
Reasons
The lower court determined that the Defendants deceptiond the victim in light of the following: (a) the Defendants conspired in collusion with the Defendants to acquire KRW 730,708,677 from the university of information and communication of the victim (the ancillary charge against the Defendants) on the facts charged that the Defendants acquired KRW 730,708,67 from the university of information and communication of the victim (the ancillary charge against the Defendants) by fraud; (b) the Defendants did not exceed the standards for appropriation of personnel expenses prescribed in the relevant provisions or by filing for false registration of the research institute; and (c) the researchers received personnel expenses from their own account and could only
For lack of view, innocence was pronounced.
However, considering the following: ① Some researchers find out that the total amount of the personnel expenses to be paid to them to the laboratory joint fund account; ② the management and enforcement of the joint fund account was not involved in the pertinent researchers who have returned personnel expenses; ③ the Defendants could have used at will; and ③ the crime of fraud is established with regard to the total amount of the personnel expenses to be paid to them, the instant case is a case in which money is acquired from the victim by deceiving the purpose of use.
Nevertheless, the judgment of the court below which acquitted the above facts charged contains an error of mistake of facts.
Sentencing (for Defendant A), the sentence of the lower court (one year of imprisonment with prison labor, two years of suspended execution, etc.) is too unhutiled and unfair.
Judgment
In a criminal trial for a prosecutor’s assertion of mistake of facts (as to the Defendants), the recognition of facts constituting an offense should be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt, to such a degree that such conviction would lead to the prosecutor’s conviction.