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(영문) 광주지방법원 2016.10.06 2015노3397
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10,000,000 won of fine) is too unhued and unreasonable.

2. Although the Defendant, as a professor of the National University, is in the position of high level of morality and integrity, it is not good to commit a crime since he/she acquired approximately KRW 33.5 million in total by means of falsely claiming equipment or advisory fees while carrying out research tasks.

On the other hand, the defendant has the following favorable circumstances.

As the defendant seriously reflects on the crime, he/she would not repeat the crime again.

The Defendant is an initial offender who had no record of criminal punishment prior to the instant case.

For the victim, the amount of the money obtained by fraud was deposited, and the victim does not want the punishment for the defendant by agreement with the victim.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, environment, career, family relationship, and various sentencing conditions as shown in the instant records and arguments, such as the Plaintiff’s age, character and behavior, career, family relationship, as well as the like professors, it is not recognized that the lower court’s punishment is too uneasible and unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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