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(영문) 서울서부지방법원 2014.11.28 2014노621

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting the crime of the lower judgment, H was added to the researcher on July 11, 2007, as well as G was still registered as the researcher. At the time, G, a research professor status, at the time, was an external service (the service under Paragraph (1) of the facts constituting the judgment of the lower court, was contracted by the Defendant as the president of the F, an incorporated association.

(2) Since July 11, 2007, the fact that H was aware of the fact that H was unable to receive personnel expenses, the change was made to the non-payment of the personnel expenses for G and that H was paid KRW 6.6 million. Therefore, H was not registered as a research institute with the intent to pay G personnel expenses, without actually participating in the research. 2) Moreover, H and G was changed through consultation, and the Defendant did not know of such circumstances.

3) On or after July 11, 2007, G and H were registered as a participating researcher, and H participated in the research, and only G did not pay personnel expenses, but did not increase in KRW 19,020,00 for the external personnel expenses originally determined. Therefore, it cannot be said that there was any damage to the victim. (b) On the criminal facts of the lower judgment, both J and G were registered as a research participant from the beginning and jointly participated in the research. Since from March 2009, G was paid a total of KRW 42,00,000 as the F responsible researcher from March 200 to receive the personnel expenses of KRW 3,007,200, as there was no reason to believe that H was to receive some of the personnel expenses of J to receive the personnel expenses of KRW 3,07,200, and therefore, it did not induce the victim C industry-academic cooperation foundation to pay the personnel expenses of J portion not participating in the research.

2 In addition, the Defendant did not know that the labor cost of J was paid to G at all, and did not have been involved.

C. As to the facts constituting the crime of the lower judgment, P and Q professors participated in the actual research and obtain prior consent from the researchers affiliated with the Defendant Research Institute.