2012 Highest 398 Fraudulent

(55 1), public officials

Residential Seosan-si Paths

Seoul Metropolitan Government Dong-dong at its original domicile

Head-dong (prosecutions) and Kim Jong-Un (Trial)

Attorney Lee Jin-soo

July 19, 2012

Defendant shall be punished by a fine of KRW 7,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

From January 2006 to December 201, 201, the Defendant, who had been working as a professor of the design and department of the university of culture and arts from around March 1, 198, planned various education projects related to the design development and design of various products as requested by the above industry-academic cooperation foundation from around January 2006 to around December 201, and took overall charge of all the details of each service projects, such as planning the education projects related to the design development and design of various products as requested by the electricity industry-academic cooperation foundation, the Design Promotion Agency

An industry-academic cooperation foundation for victims' universities was entrusted by the Korea Electric Power Corporation on January 2006 with "a research period of 1,70,000 won" and "a design and performance test service equivalent to 1,000,000 won for underground power distribution devices" and "a design and performance test service" until December 201, the victim's university and industry-academic cooperation foundation ordered a service project of approximately KRW 5,90,000,000,000,000,000 won for total of 18,000,000,000 won.

The above industry-academic cooperation foundation has concluded related contracts by receiving research services from each ordering agency such as the government department, etc., has received project funds and managed the project funds, and if the relevant professor such as the researcher requests the payment of research funds with documentary evidence, the project funds shall be executed accordingly, and the service implementer shall return the remaining funds to the service provider for recovery by undergoing settlement procedures.

The Defendant, while serving as professor of the above university, filed a false tax invoice for the payment of all or part of the personnel expenses to be paid to each researcher by filing a false statement with the above Industry-Academic Cooperation Foundation as if the researchers who did not participate in the research were aware of the participation in the execution of each project, with the labor expenses paid to each researcher, or submitted a false tax invoice to the above Industry-Academic Cooperation Foundation by pretending that they purchased commodities less or less than the actual purchase price from the supplier in the process of purchasing all kinds of commodities, and then submitted it to the above Industry-Academic Cooperation Foundation, and ordered the employees in charge of the accounting of the "Design Innovation Center" as well as the price of labor expenses paid in the name of the researcher who participated in each project, to obtain the difference by receiving the difference from the owner of the relevant business, and ordered the employees in charge of the accounting of the "Design Innovation Center" to deduct them from the actual purchase price.

1. Deciding personnel expenses in name;

On January 14, 2006, the Defendant: (a) at the above industry-academic cooperation foundation office located in the second floor at the university headquarters of Chuncheon-si University; and (b) notwithstanding the fact that the Defendant had not participated in the Research Institute Kim Kim, the Defendant had an employee in charge of accounting of the above center prepare a false application for the payment of personnel expenses of researchers as if he participated in the research by Kim Kim. (c) On April 14, 2006, the said industry-academic cooperation foundation had the said employee in charge of expenditure of the above industry-academic cooperation foundation submit a false application for the payment of personnel expenses of researchers; and (d) had the said employee in charge of expenditure of the above industry-academic cooperation foundation transfer 351,330 won as personnel expenses of researchers to the bank account in the name of the above Kim (..-.) in the name of the said industry-academic cooperation foundation; and (e) around that time, received full refund from the said Kim in cash.

In addition, the Defendant, from April 2006 to December 2009, by deceiving the above industry-academic cooperation foundation in the same way, received total of KRW 55,34,400 on 83 occasions in terms of research personnel expenses, such as the list of crimes in the attached Table 1, and received KRW 21,00,000 among them, were returned to the Institute under the name of so-called so-called "in salary", and acquired the remainder amount of KRW 34,344,40.

2. Fraudation under the name of the price of goods;

On May 8, 2006, the Defendant issued a false tax invoice as if the costs equivalent to KRW 2,00,000 were incurred. However, the Defendant issued a false tax invoice to the officer in charge of accounting of the said center to prepare the “application for research expenses” with the said false tax invoice, and had the said employee in charge of expenditure of the said industry-academic cooperation foundation file an application for research expenses payment as if the said amount was spent in KRW 2,00,000,000, and then, it received from the said employee in charge of expenditure of the said industry-academic cooperation foundation, on May 8, 2006, KRW 2,000,000 from the said employee in charge of expenditure of the said industry-academic cooperation foundation, as if the amount was spent in KRW 2,00,000.

In addition, the Defendant, as such, was granted KRW 16,860,590 in total on 11 occasions, as shown in the attached Table 2, from May 8, 2006 to December 17, 2009, by deceiving the above industry-academic cooperation foundation, as such, by the same method.

Summary of Evidence

1. Defendant's legal statement;

1. One copy - eighteen copies of cash receipts and disbursements related to professors; and

1. A specification of transactions by company;

1. A copy of each account transaction in the name of this, Am, Am, Gam, Kim, and Amar, this, the interest, the last, the best, the Kim, Kim, Han, Jin, Park, and Park - one copy;

1. One copy of data concerning the documentary evidence of expenditure, such as planning, computer distribution, duplication, collection, collection, the union, distribution, and each transaction details and tax invoice of each country village;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347 (1) of each Criminal Code (the point of fraud and the choice of each fine)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant, as university professors, should show a good example in society, received research services from each ordering agency such as government ministries, etc. for more than three years, and acquired business funds repeatedly through several times for more than three years, and acquired them under the name of research expenses and goods prices, and the crime of this case is not good.

However, the defendant is divided in depth and reflects the crime of this case, and there is no particular criminal history except for two times of fine, and the crime of this case is deemed to have occurred due to wrong practice during that period, the defendant does not seem to have obtained the above money for personal interests, but has made efforts to recover damage by depositing the money to the victim, which is equivalent to the amount of the fraud of this case, and all other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, etc., shall be sentenced to the same punishment as the order.

Judges Lee Jae-ap