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(영문) 대구지방법원 김천지원 2018.06.28 2017고정563
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 1, 2001, the Defendant is a public official who is appointed as C University (hereinafter referred to as “C”) civil engineering and regular professors and serves as a public official in charge of education.

From 2008 to 2015, the Defendant was selected as the person in charge of the 13 research and development projects managed by the Victim C-Academic Cooperation Group, and has overall control over all the affairs including the application for research expenses.

If a student who is in the course of a bachelor's degree, master's degree, or doctor's degree course of a relevant university participates in the relevant research, a person in charge of the research project may receive the student's personnel expenses only from the designated account of the relevant research institute within the extent that the student is registered and applied as a participating researcher and appropriated in the total amount in advance, and shall not collect, manage, or appropriate the funds paid to the student's personnel expenses.

Nevertheless, when the Defendant registers his/her affiliated students as a participating researcher for the research task, and applies for and appropriates the payment of the personnel expenses, the Defendant collected the passbook and password of the relevant student using the fact that it is difficult for the relevant student to refuse the direction of the Defendant who is a university professor, and the Defendant managed it, and he/she collected the personnel expenses of the students deposited in the relevant account whenever the personnel expenses are deposited into the relevant account and used them according to the Defendant’s decision without paying the personnel expenses.

Accordingly, as to the “E” research task selected by the Defendant as a person in charge of research at C around January 2008, the Defendant filed an application for the registration of F as a participating researcher with the name of the victim’s employee, even though the Defendant was to manage the personnel expenses paid under the name of F, who is a student of the master’s degree C, with the passbook and password received in advance, and then filed an application for the payment of the personnel expenses therefor.

The Defendant is identical to this.

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