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(영문) 광주지방법원 2018.09.20 2018노244
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the primary facts charged in the instant case where the Defendant, who committed research misconduct by the Defendant at the Victim C University, received performance-based incentives, subsidies for publication of the thesis, research funds, etc. and the Defendant interfered with the publication of the thesis by the publishers of the academic journal; and (b) the lower court acquitted the Defendant on the grounds that there was no proof of crime; (c) based on the evidence submitted by the Prosecutor, comprehensively on the trend of strengthening the verification of the paper, the intention of passing the thesis examination, the Defendant’s research misconduct, the details of the Defendant’s research misconduct, and the selection criteria for subsidization of research funds, the lower court fully recognizes the fact that the Defendant, as indicated in the primary facts charged in the instant case, by deceiving the victim as well as by receiving piece rates, etc. from the victim, and even if not,

However, the court below erred by misapprehending the facts and affecting the conclusion of the judgment, since all of the primary and conjunctive charges of this case were acquitted.

2. Determination

A. The summary of the facts charged in the instant case (1) The primary Defendant was appointed as a fashion design and full-time lecturer at the Victim C University on February 23, 2004, and is currently appointed as an associate professor at the same department on April 1, 2010 and currently in office at the same university.

Defendant, while working as a professor, has used another person’s independent idea or creative works that are not general knowledge without proper source indication, thereby allowing a third party, such as a victim, etc. to recognize as one’s own creative work, thereby in violation of the Guidelines for Securing Research Ethics (the so-called “the so-called “written thesis”), submitting to the victim as if he/she was one’s own research result, and providing financial support, such as piece rates, the amount of incentives for publication of thesis, and research funds.

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