A. (1) The Plaintiff is a corporation established for the purpose of performing duties concerning industry-academic cooperation with Auniversity pursuant to the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act.

(2) The Defendant is appointed as a professor of the Department of Medical Information at A University in 1999 and served as the head of A University C Research Institute since 2009.

B. The Defendant’s fraud and recovery of research and development funds (1) was entrusted by the Korean Research Foundation with D’s “D” and “E” research (hereinafter collectively referred to as the “instant research”).

The Defendant became a general manager in charge of the instant research.

[Defendant asserted that the name of the professor F, a laboratory director, was stolen and did not participate in the instant research, but is not accepted since it is different from the facts acknowledged in the final criminal case judgment below] (2) The Defendant submitted to the Plaintiff a request for payment of KRW 250,000,00 to the Plaintiff as if he participated in D’s research, and received research and development expenses for the purpose of continuous return, including the submission of a request for payment of KRW 250,000,000,000,

(3) The Defendant was indicted by deceiving 409,313,32 won of research and development costs related to seven research activities including the instant research project with F and the public bid, and was sentenced to imprisonment with prison labor for a crime of fraud and a crime of violating the Subsidy Management Act in the first instance trial.

[Defendant’s appeal (this Court 2017No2662) and appeal (Supreme Court 2017Do18763) were all dismissed. The Defendant’s appeal (this Court 2017No2662) and appeal (Supreme Court 2017Do18763) were dismissed.

(4) The Korean Research Foundation decided to recover KRW 99,100,260 paid to the Plaintiff as research and development expenses of the instant research.

The Plaintiff paid the money on December 26, 2018.

Article 11-2 (Restrictions, etc. on Participation in National Research and Development Projects) (1) The head of a central administrative agency shall meet any of the following requirements with respect to institutions, organizations, enterprises, persons in charge of research and development projects, researchers, or executives and employees