Defendant

Lee Sung-il

Law Firm Shin-soo, Attorneys Lee Jae-soo et al.

A defendant shall be punished by imprisonment for two years.

The 34 days under detention prior to the rendering of this judgment shall be included in the above sentence.

378,000,000 won shall be additionally collected from the defendant.

The Defendant is a professor of △△ University Korea University.

around August 2004, Non-Indicted 2, a professor of ○○ University, as a graduate school professor of ○○ University, requested Non-Indicted 1’s instruction and examination member of the thesis, who was an individual individual who was enrolled in the doctor’s degree course at that graduate school, to prepare the main part of Non-Indicted 1’s instruction and thesis, and to accept Non-Indicted 1’s request for an experiment as necessary for preparing the doctor’s degree thesis, and as a price for an experiment, the Defendant received money from Non-Indicted 2 and conspired with Non-Indicted 2 to use the same thesis, such as inserting the same thesis in an international academic journal, and subsequently, the Plaintiff prepared a thesis to conduct an experiment with Non-Indicted 1 as a thesis for acquiring the doctor’s degree, and the Defendant received a master’s degree of 70 billion won from Non-Indicted 1’s doctor’s degree of doctor’s degree from 70 billion won to 200 million won, and provided it with 400 million won or more by 260 million won upon request from Non-Indicted 1’s.

1. Partial statement of the defendant;

1. Each prosecutor's protocol of suspect examination of the accused (including a copy of passbook transaction details attached thereto);

1. Copies of each prosecutor's protocol of interrogation of Nonindicted 3, 10, 2, 13, and 14

1. The prosecutor’s statement concerning Nonindicted 15

l. A written statement prepared by the defendant

1. A deposit statement (non-indicted 6, 7, 16) and a dissertation for each degree;

1. Defense counsel's assertion;

① The defense counsel asserts that the defendant's act of taking part in a breach of trust is not a crime of taking part in a guidance professor's business because the defendant received convenience, such as the preparation of the main part of the experiment necessary for preparation of a dissertation, and the preparation of the main part of the thesis, etc. and received the degree without problem. However, there is no conspiracy between the defendant and the guidance professor for the purpose of obtaining the degree by unlawful means, and that the amount received is estimated by calculating the amount of experimental expenses. ② In the case of the thesis that the defendant did not participate as the examination committee of the dissertation, it is not "the status of administering others' business", and it is not deemed that the defendant did not participate in the act of taking part in the guidance professor's act of taking part in a breach of trust that is functionally indispensable, and ③ in the case where the guidance professor directly provided the defendant without taking part in the instruction professor's name and training, it is not a crime of taking part in the guidance professor's name and training, so even if the defendant did not have any intention to take part in the guidance professor's.

2. Determination

(a) Illegal solicitation and solicitation;

Illegal solicitation in the crime of giving and receiving in breach of trust refers to a solicitation that goes against social norms and the principle of trust and good faith, and in determining this, comprehensive consideration of the contents of the solicitation and the amount, form, and integrity of the business administrator, which is the legal interest protected, should be comprehensively considered, and such solicitation does not necessarily require explicit consideration.

However, according to the summary of the evidence mentioned above, the defendant is a person who majored in Chinese medicine science at the request of the professor of Korean medicine, and has produced research outcomes that may not be inferred in the field of Korean medicine by scientific proving the efficacy of Korean medicine through the experiments and analysis techniques that could not be performed by the professor of Korean medicine, and the defendant has been announced in international academic sites, etc., and the defendant has obtained authority in the field, and the school sanitation and guidance professors who want to obtain the degree have given the defendant the money stated in the facts charged under the name of the experiment cost when requesting the defendant to conduct experiments on his thesis, and the defendant has prepared the experiment by using the experiment analysis method and prepared the results and analysis and sent them to the school health and sanitation, and the defendant did not know that the defendant had been aware of the fact that the defendant had already received the degree through the experiments and analysis method, and it appears that the defendant had never received the degree as a result of the experiments and analysis, and most of the above facts have been found that the defendant had been aware of the fact that he had received the degree in the experiments and analysis method.

Therefore, the above argument is not accepted.

B. Whether “the person who administers another’s business” is “the person.

(2) The grounds of appeal are based on the premise that the defendant does not correspond to "a person who administers another's business" in the crime of breach of trust. Thus, first, whether the defendant is "a person who administers another's business" shall be examined as "a person who administers another's business". The university's purpose and status of the university's faculty members shall be to build and research the profound theories of science and arts necessary for the development of the State and human society and methods of application thereof, to contribute to the State and human society (Article 28 of the Higher Education Act), and operation of curricula, such as class, to achieve their objectives (Articles 21 and 22 of the Higher Education Act), research institutes, etc. may be attached to the university (Article 25 of the same Act). The university's faculty members such as professors (Article 14 of the same Act), teachers shall educate and guide students, study on learning (Article 15 of the same Act). In light of the purpose and status of the university's faculty members, who are professors of the university, shall prepare and obtain degrees from the university's, to the extent necessary, and execute them."

Therefore, each of the above arguments cannot be accepted on the premise that the defendant does not constitute "a person who administers another's business."

1. Provisions of applicable Acts to criminal facts;

Articles 357(1) and 30 of the Criminal Act

1. Selection of sentence:

Imprisonment Selection

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Additional collection:

Article 357(3) of the Criminal Act

1. Grounds for sentencing;

Although the instant crime that provides convenience for obtaining a doctorate and receives money from the comments is practically achieved due to the lack of laboratory facilities and laboratory operation expenses, it is difficult to view that the public confidence and expectation of the doctor’s degree is low, and that people who normally acquire a doctor’s degree can be deprived of their relative value, rather than to what extent they can be cruel about law, and it is difficult to cure the crime more, but it is very bad in terms of social harm that the Defendant would not be able to recover, and that it would result in difficult to repair, and that the Defendant would be able to obtain such degrees in accordance with our society’s scientific and experimental analysis, and that the Defendant would be able to have been deprived of the public position of professors in our society with a high level of reliance on our society as well as to have been able to know that there is a high level of reliance on our society’s reliance and reliance on science and advancement of oriental medicine. However, it is also difficult to expect that the Defendant would be deprived of the public position of our society in light of social norms and practices.

However, the court is not subject to statutory detention in consideration of the fact that the defendant is unlikely to escape, the equity with other defendants prosecuted for the same kind of crime, and the fact that there is room for the appellate court to view the crime in question again in another way.

[Attachment Form 5]

Judges Yellow Quota