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(영문) 대법원 2014.05.29 2013도13999

사기

Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

Reasons

We examine the grounds of appeal.

1. Of the facts charged in the instant case, the fraud is as follows.

From March 1, 2003 to March 1, 2003, the Defendant has been serving as C biotechnology professor;

A. On March 11, 207, the victim D&O participated in the “E” research task as a person in charge of research as an incorporated association in the capacity of the president of the F&O and filed a report with the researcher, and filed an application for KRW 6.6 million with the labor cost of G. The above industry-academic cooperation foundation notified that the Plaintiff cannot pay KRW 6.6 million for the labor cost of G. However, even if the Plaintiff added H in the C/C doctoral course as a researcher, the Plaintiff was willing to participate in the research without participating in the research and to pay H’s labor cost, travel expenses, etc. to G. However, on July 11, 2007, by adding H except for G, and deceiving the person in charge of the above industry-academic cooperation foundation by deceiving him/her as a research researcher, and then, he/she shall receive a total of KRW 5,258,000 from the victim, including the labor cost of H on July 30, 2007.

B. On January 1, 2009, participating in the “I” research task administered by the Korea Chemical Research Institute as a person in charge of research as a C biotechnology and professor, and the facts were intended to participate in the research of the said G without participating in the research even if J was added as a researcher, and to pay the personnel expenses, travel expenses, etc. of the J to G. However, 17 researchers apply for 17 researchers and include J and set the amount of 2.4 million won as personnel expenses of the J, by deceiving the person in charge of the victim C-academic cooperation foundation from the victim to the victim from April 29, 2009 to December 28, 2009, and receive 3,007,200 won in total as personnel expenses of the J from April 29 to December 28, 2009.

C. When participating in the “K” research task publicly notified by the Information and Communications Technology Promotion Agency under the Ministry of Information and Communications as a person in charge of research as a Cbiotechnological and professor, a participating research institute has submitted L health graduate schools and M, and its budget has been reduced, the fact is C master’s process.