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(영문) 대구지방법원 2017.06.15 2016고단6372

사기등

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for eight months.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

[2016 Highest 6372] [Defendant A]

1. Around March 1, 2011, the Defendant received a doctor’s degree related to M in the L University and the university, and worked as professor in the N University from around March 1, 201. From around around 2009, the Defendant acquired Q-related research tasks in the name of professor B in the name of professor B in the L University P Research Institute and performed overall research. Around February 201, the Defendant acquired a doctor’s degree in the L University RR department with C’s instruction, and participated in the research tasks in the name of C from around 2009 and performed the research tasks.

The Institute of Industry-Academic Cooperation of L University may receive and manage research services for the Q-type subsidized projects ordered by the Korea Evaluation Institute of Industrial Technology, which is a public institution under the jurisdiction of the Ministry of Trade, Industry and Energy, and receive and manage the relevant project funds in lump sum, and shall receive and pay necessary research expenses from L University P Research Institute which performs detailed research tasks.

According to Article 22(1) of the Subsidy Management Act, Article 22(1) of the Act on the Management of Subsidies, Regulations on the Management, etc. of National Research and Development Projects (Presidential Decree), Regulations on the Management, etc. of Research and Development Projects at L University, and guidelines for appropriation and execution of each item of research expenses at L University, etc., a professor designated as a person in charge of research as a person in charge of research shall not use the research expenses paid from the above industry-academic cooperation group for any purpose other than research, and shall not recover and jointly manage the personnel expenses directly transferred to the personal account in the name of the student research institute, and shall return the full amount of the personnel expenses if any.

2. On June 1, 2009, the Defendant: (a) was selected as a general manager by L University Industry-Academic Cooperation Co., Ltd. on June 1, 2009 by the Korea Industrial Technology Evaluation Institute; and (b) on June 1, 2009 through May 31, 2012, the Defendant was designated as a general manager by L University Industry-Academic Cooperation Co., Ltd.; and (c) was between B and B.