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(영문) 서울고등법원 2015.01.30 2014노1760
사기등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. According to the misunderstanding of facts and the statement of the persons involved in the misunderstanding of legal principles, the Defendant, in collusion with the researchers, directly manages the accounts of the said researchers without the intention to pay personnel expenses from the beginning, with the intent to use such funds for the personal interest of the Defendant, and an industry-academic cooperation foundation for the Victim G University (hereinafter “industry-Academic

2) The lower court erred by misapprehending the legal principles and misapprehending the legal principles, since the lower court acquitted the Defendant of this part of the facts charged, even though it could be deemed that there was a deception on the industry-academic cooperation foundation, as long as the lower court, by deceiving the Defendant and claiming the money as personnel expenses of the researchers.

2. Determination on the grounds for appeal

A. 1) In light of the following circumstances acknowledged by the lower court and the lower court’s determination of facts and the misapprehension of legal doctrine, the evidence alone submitted by the prosecutor is insufficient to acknowledge that the Defendant, in collusion with the researchers, received labor costs from the said researchers’ account without the intention to pay labor costs from the beginning, thereby deceiving the victims’ industry-academic cooperation foundation by receiving some of them from the beginning and using them for the personal purpose of the Defendant’s personal purpose, thereby deceiving the victims’ 13 researchers into a total of KRW 409,361,210, and there is no other evidence to support otherwise. Accordingly, the Prosecutor’s allegation in this part of the grounds of appeal is without merit. (A) In the lower court, the researchers involved in the research received labor costs from the industry-academic cooperation foundation as personal passbook.

In addition to the use of personnel expenses individually, the researchers are receiving monthly pay.

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