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(영문) 전주지방법원 2018.04.12 2017고단2406

사기

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Reference Facts] On October 10, 2013, the Defendant served as professor of C School D, and performed a research task as shown in the attached Table (1) by participating in the joint research institute in the performance of “F” task under an agreement between the Korea Research Foundation and C Schools.

Since the Defendant’s construction cost, which is the researcher, is paid to the researcher in accordance with the Convention, the Directive on the Management and Operation of E Business, and the Guidelines on the Management and Operation of E Business, etc. for the performance of the above task, he/she shall not en bloc manage each individual’s passbook or seal, nor jointly manage or use a certain amount of money from the researchers, and shall not receive research development cost by fraud or other improper means.

Nevertheless, the defendant did not pay project funds to the researcher for other purposes without paying them as personnel expenses while directly managing passbooks and cash cards in the name of the researcher, or did not report the fact that the researcher did not participate in the actual research but did not report the fact to the researcher to obtain funds by receiving personnel expenses.

[Criminal facts] On April 9, 2014, the Defendant would use the case to pay H personnel expenses at the school located in G on April 9, 2014, to a person affiliated with the victim C School Industry-Academic Cooperation Organization.

The applicant filed an application and received KRW 1,000,000 from the injured party as personnel expenses, from the North Bank account in the name of the said H.

However, the defendant did not use the above money as H personnel expenses, and was thought to use it for the purpose unrelated to the execution of the above task by directly managing the passbook and cash card with the head of the above account, using it as the tuition fee for other students.

In addition, from April 9, 2014 to August 10, 2016, the Defendant’s prosecutor totaling KRW 23,789,200 on a total of 21 occasions, such as the written list of crimes in attached Form (2) from April 9, 2014 to August 10, 2016, shall be on the second trial date.