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(영문) 전주지방법원 2014.08.22 2013고정181

업무상횡령등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as E University Fire Safety Engineering and professor, has entered into an agreement on the entrusted project, such as the implementation of research tasks with research institutes, such as the victim's Korea Fire Industry and Technology Institute, E University Industry-Academic Cooperation Foundation, and Defendant, a person in charge of research, who, accordingly, has been in charge of the execution of research tasks, fixing and using research funds, etc. while keeping the entrusted project expenses jointly with the aforementioned industry-academic cooperation foundation.

1. From among the research expenses claimed by the above industry-academic cooperation foundation, the Defendant: (a) entered faculty members who did not participate in the implementation of the said research task as a research assistant in the performance of the said research task; (b) claimed personnel expenses; (c) deposited faculty members who participated in the implementation of the said research task as a faculty member; or (d) deposited the said personnel expenses into the accounts of each faculty student; and (c) received the said personnel expenses from the said industry-academic cooperation foundation to bring out some of the said personnel expenses in cash; and (d) had them use them as the name of the school development fund in the name of the Defendant who was irrelevant to the implementation of the said research task.

The Defendant, from July 1, 201 to December 31, 2010, received KRW 535 million from the said Korea Fire Industry Technology Institute as an account managed by the said industry-academic cooperation foundation under the pretext of research expenses for the “F” task, and jointly kept the said industry-academic cooperation foundation. The said industry-academic cooperation foundation had the undergraduate G students registered as research assistants withdraw KRW 1,00,000 from the said account under the name of the said research assistant in cash on November 23, 2010, around December 23, 2010, after having the said industry-academic cooperation foundation withdraw KRW 460,000 from the said account under the name of the said research assistant in terms of personnel expenses. < Amended by Presidential Decree No. 22508, Dec. 23, 2010; Presidential Decree No. 22506, Dec. 27, 2010>