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(영문) 서울남부지방법원 2018.11.08 2018고합433

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The injured D University Industry-Academic Cooperation Association (hereinafter referred to as the "Industrial Cooperative") shall enter into a standard agreement with the Korean Research Foundation, the Agency for Defense Development, etc., and where there is a balance remaining after settling the relevant research task after having the professors, etc. belonging to D University carry out the relevant research project and conducting the relevant research project under the management and responsibility of the Industry-Academic Cooperation Foundation by receiving subsidies from the said foundation, etc., or where there is an amount unfairly executed, it shall be returned to the said foundation, etc., and the research expenses shall not be used for any purpose other than the original purpose, and personnel expenses out of the research expenses shall not be paid to the individual account of the participating researcher, and the joint management by the participating researcher is

The Defendant served as professor of the Electric Engineering Department of D University from March 1, 2005 to April 30, 2017.

From January 201 to November 201, 2016, the Defendant managed a passbook and cash card in the name of the researchers belonging to the Defendant’s laboratory from around January 201 to around November 2016, the Defendant received the labor cost of the researchers who participated in the research from the victim industry-academic cooperation group and received it from the account in the name of the researchers who managed the labor cost of the researchers.

On May 12, 2011, the Defendant filed an application with D University to deposit the relevant personnel expenses into the G G account (H) with the researcher affiliated with the Defendant’s laboratory, as if the personnel expenses are normally paid, with respect to the “F” task performed by the Defendant to the person in charge of the victim industry-academic cooperation.

However, the defendant did not pay the money to G even if the above person in charge paid the personnel expenses to the above person in charge of G account, and he did not pay the money to G, and the defendant directly manages the above account.