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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 15,00,000 won, and a fine of 10,000,000 won.
Reasons
1. The summary of the grounds for appeal against the Defendants (e.g., the Defendant A: 2 years of suspended sentence in August, and the Defendant B: 15 million won of fine) are too unreasonable.
[Defendant asserted mistake of facts and misapprehension of legal principles in the statement of grounds of appeal submitted within the deadline for submitting the statement of grounds of appeal, but withdrawn the allegation of mistake and misapprehension of legal principles on the first trial date.]
2. The instant crime committed by the Defendants, as if the Defendants conspired to participate in national research and development projects and conducted research by participating in the said projects, deceiving the victim Cuniversity Industry-Academic Cooperation Foundation, or deceiving the said victim to take the total sum of KRW 1322 million under the name of the student personnel expenses, etc. as if the students’ personnel expenses, etc. were to be paid to them by deceiving the said victim, and by deceiving the said victim through deception of the total sum of KRW 535 million, and in light of the method of the crime and the scale of damage, etc., the crime is not weak in light of the method of the crime and the scale of damage.
However, the defendants recognized the crime of this case when they were in the trial, against the mistake, and Defendant A did not only have been punished once as a fine for the crime of this case before the crime of this case. Defendant B was the first offender, Defendant B was the first offender, the degree of the Defendants’ participation in the joint crime of this case is relatively minor, and part of the amount of fraud was actually paid to the researchers or was used for the execution of research tasks. After the information of this case, the defendants settled the personnel expenses of most of the students researchers after the information of this case, and Defendant A deposited 6,98,683 won, excluding the amount of the students' personnel expenses already paid for the victims, and the remaining amount of 66,98,683 won from the money acquired for the victim was deposited at the trial, and other various sentencing conditions as shown in the records and arguments of this case, such as the background, age, character and conduct