특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, as the head of D University E University and the head of Fapt Center from March 2006 to February 2, 2010, was in office as the head of the “G” affiliated with the said D University from March 2006, and the victim D University Industry Cooperation Foundation (hereinafter “ Industry-Academic Cooperation Foundation”) planned a number of projects requested by the Government, ministries, local governments, etc. to provide research services related to various industrial technology foundation and public design, and took overall charge of all the detailed tasks of each service project, such as filing a claim to the Industry-Academic Cooperation Foundation for project funds following the implementation.
Around May 2006, an industry-academic cooperation foundation received a request from the Ministry of Commerce, Industry and Energy for a three-year research period, a total of 2.2 billion won of service costs (G 1 to 3th year projects) from the Ministry of Commerce, Industry and Energy (G 1 to 9. of the same year), and conducted a service project (a total of 23 research services including basic public design plans, and a total of 3.6 billion won of service costs (a total of 1 billion won is received in kind, and a remainder of 2.6 billion won is delivered in cash) from the government department, each level of local government, etc. until September 201.
An industry-academic cooperation foundation received research services from each ordering agency, such as the Government Department, and entered into related contracts, manage the project funds by collecting them, and when the relevant professor such as the Institute requests the payment of the research funds with documentary evidence, the project funds was executed accordingly, and each of the above research services was managed by receiving the project funds from the ordering agency, such as the Government Department.
On the other hand, the service provider shall settle the remaining business funds in the course of performing the related business and return them to the service owner under the pretext of restitution.
In order to acquire part of business funds, such as personnel expenses, while employed by the head of the above university G Center, from personal data differently from the original purpose, the defendant is paid personnel expenses in the name of the researcher participating in each project.